`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`ERIC MALONE,
`Plaintiff-Appellant
`
`v.
`
`UNITED STATES,
`Defendant-Appellee
`______________________
`
`2024-1091
`______________________
`
`Appeal from the United States Court of Federal Claims
`in No. 1:22-cv-01770-TMD, Judge Thompson M. Dietz.
`______________________
`
`ON MOTION
`______________________
`
`Before DYK, PROST, and WALLACH, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`In response to this court’s December 5, 2023 order to
`
`show cause, the United States urges dismissal. Eric
`Malone has not responded to the order, though he has filed
`other documents in the interim.
`
`The United States Court of Federal Claims entered
`judgment dismissing Mr. Malone’s complaint for lack of
`
`
`
`
`
`
`
`Case: 24-1091 Document: 17 Page: 2 Filed: 04/02/2024
`
`2
`
`
`
`MALONE v. US
`
`subject matter jurisdiction on July 25, 2023. Mr. Malone’s
`notice of appeal was received by that court on October 10,
`2023, 77 days after entry of judgment.
`
`To be timely, a notice of appeal must be received by the
`Court of Federal Claims within 60 days of the entry of the
`final judgment. 28 U.S.C. §§ 2107(b), 2522; Fed. R. App. P.
`4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). The statutory deadline
`is mandatory and jurisdictional, such that we may not ex-
`cuse a late notice. Marandola v. United States, 518 F.3d
`913, 914 (Fed. Cir. 2008); see also Bowles v. Russell, 551
`U.S. 205, 209 (2007); cf. Fed. R. App. P. 26(b)(1). Because
`the notice of appeal was not received within that time, we
`lack jurisdiction and must dismiss.
`
`Accordingly,
`
`
`IT IS ORDERED THAT:
`
`(1) The appeal is dismissed.
`
`(2) All pending motions are denied.
`
`(3) The parties shall bear their own costs.
`FOR THE COURT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`April 2, 2024
` Date
`
`
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