Hayes v. United States
This text of 12 F. App'x 945 (Hayes v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON MOTION
ORDER
The United States moves to dismiss Pat Hayes’ appeal as untimely. Hayes opposes and moves to “dismiss” the United States’ motion. The United States replies and opposes Hayes’ motion. Hayes replies.
On December 1, 2000, the Court of Federal Claims dismissed Hayes’ complaint for lack of jurisdiction. Judgment was entered on December 1, 2000. Hayes filed a notice of appeal on February 6, 2001, or 67 days after the entry of judgment.
An appeal from a judgment of the Court of Federal Claims must be filed within 60 days after the entry of judgment. See Fed. R.App. P. (4)(a)(l) and 28 U.S.C. § 2107(b). This statutory requirement may not be waived. See Christianson v. Colt Operating Indus. Corp., 486 U.S. 800, 818, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (court may not extend its jurisdiction where none exists); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983) (appeal must be dismissed for lack of jurisdiction if notice of appeal is untimely).
Accordingly,
IT IS ORDERED THAT:
(1) The United States’ motion to dismiss is granted.
(2) Hayes’ motion is denied.
(3) Each side shall bear its own costs.
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12 F. App'x 945, 12 Fed. Appx. 945, 12 F. App’x 945, 2001 U.S. App. LEXIS 7333, 2001 WL 360794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-united-states-cafc-2001.