Monbo v. United States

U.S. Court of Appeals for the Federal Circuit

Monbo v. United States

Opinion

Case: 25-1401 Document: 7 Page: 1 Filed: 03/26/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DEE MONBO, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2025-1401 ______________________

Appeal from the United States Court of Federal Claims in No. 1:24-cv-02083-EMR, Judge Eleni M. Roumel. ______________________

Before DYK, PROST, and CHEN, Circuit Judges. PER CURIAM. ORDER Responding to the court’s February 13, 2025 show cause order, Dee Monbo requests remand, arguing that this court “lacks subject matter jurisdiction” because her “No- tice of Appeal is not effective,” ECF No. 5-1 at 1 (emphasis in original). The United States urges dismissal. Under 28 U.S.C. § 1295(a)(3), this court generally only has jurisdiction over an appeal from a “final decision” of the United States Court of Federal Claims. See Fed. R. App. Case: 25-1401 Document: 7 Page: 2 Filed: 03/26/2025

2 MONBO v. US

P. 3(c)(1)(B) (also requiring the notice of appeal identify the judgment or order on appeal); Fed. Cir. R. 1(a)(1)(C). Ms. Monbo’s notice of appeal purportedly seeks review of the Court of Federal Claims’s failure to grant her re- quests for a temporary restraining order or preliminary in- junction and failure to grant her an extension of time to obtain legal counsel. ECF No. 1-2 at 1, 15. But that court had not taken any action on her request for a restraining order or injunction or entered an otherwise immediately appealable order by the time Ms. Monbo filed her notice of appeal, such that this court lacks jurisdiction. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs. FOR THE COURT

March 26, 2025 Date

Reference

Status
Unpublished