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Case: 24-1304 Document: 5 Page: 1 Filed: 04/10/2024
`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`CHRISTOPHER STEWART,
`Plaintiff-Appellant
`
`v.
`
`UNITED STATES,
`Defendant-Appellee
`______________________
`
`2024-1304
`______________________
`
`Appeal from the United States Court of Federal Claims
`in No. 1:23-cv-00934-DAT, Judge David A. Tapp.
`______________________
`
`Before DYK, WALLACH, and CUNNINGHAM, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`In response to this court’s January 22, 2024 show cause
`
`order, the United States urges dismissal of this appeal as
`untimely. Christopher Stewart has not responded.
`Mr. Stewart filed a complaint at the United States
`Court of Federal Claims, alleging violations by the “United
`States District Court.” Compl. at 2. Among other cases,
`Mr. Stewart identified Stewart v. Quality Carriers, Inc.,
`No. 3:19-cv-0606 (M.D. La.) (“the -0606 action”), a case in-
`volving a private defendant involved in a motor vehicle
`
`
`
`
`
`

`

`Case: 24-1304 Document: 5 Page: 2 Filed: 04/10/2024
`
`2
`
`
`
`STEWART v. US
`
`accident. The Court of Federal Claims dismissed Mr. Stew-
`art’s complaint and entered judgment on July 14, 2023. On
`December 26, 2023, Mr. Stewart filed a notice of appeal
`from “the Order Granting With[]draw” entered on
`“11/14/2023,” identifying both his case before the Court of
`Federal Claims and the -0606 action. ECF No. 1-2 at 1.
`A party seeking appellate review must comply with the
`“linked jurisdictional provisions” of Rules 3 and 4 of the
`Federal Rules of Appellate Procedure. Becker v. Montgom-
`ery, 532 U.S. 757, 765 (2001). Rule 3 requires a notice of
`appeal to designate “the judgment” or “appealable order”
`from “which the appeal is taken.” Fed R. App. P. 3(c)(1)(B).
`Rule 4 and 28 U.S.C. §§ 2107, 2522 further require that an
`appeal from the United States Court of Federal Claims
`must be filed within 60 days of the final judgment or order
`being appealed if one of the parties is the United States.
`These requirements are “jurisdictional in nature,” and
`their “satisfaction is a prerequisite to appellate review.”
`Smith v. Barry, 502 U.S. 244, 248 (1992) (citation omitted);
`see also Marandola v. United States, 518 F.3d 913, 914–15
`(Fed. Cir. 2008) (citation omitted).
`Mr. Stewart failed to satisfy these requirements. His
`notice of appeal was filed more than 60 days from the entry
`of judgment in this case. And while it was filed within 60
`days of November 14, 2023, no order from that date or
`anything close appears on the Court of Federal Claims’s
`docket.* We must therefore dismiss the appeal.
`
`
`
`* We note that to the extent Mr. Stewart was at-
`tempting to appeal from the -0606 action, the notice also is
`untimely because it was filed more than one year after the
`latest docket entry in the -0606 action. See 28 U.S.C.
`
`
`

`

`Case: 24-1304 Document: 5 Page: 3 Filed: 04/10/2024
`
`STEWART v. US
`
` 3
`
`Accordingly,
`IT IS ORDERED THAT:
`(1) The appeal is dismissed.
`(2) Each party shall bear its own costs.
`
`
`
`
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`
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`
`
`April 10, 2024
` Date
`
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`FOR THE COURT
`
`
`
`
`§ 2107(a) (providing for 30 days to appeal when the suit
`does not include the United States as a party).
`
`
`

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