Montano v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: December 11, 2025
• Docket: 25-1973
• Status: Unpublished

Opinion

Case: 25-1973 Document: 8 Page: 1 Filed: 12/11/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOSE A. MONTANO, on behalf of Montano Electri- cal Contractor, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2025-1973 ______________________

Appeal from the United States Court of Federal Claims in No. 1:25-cv-00700-AOB, Judge Armando O. Bonilla. ______________________

Before PROST, CHEN, and HUGHES, Circuit Judges. PER CURIAM. ORDER The United States Court of Federal Claims dismissed Jose A. Montano’s complaint and entered judgment on May 8, 2025. The Court of Federal Claims received Mr. Mon- tano’s notice of appeal 61 days later on July 8, 2025. This court directed the parties to show cause whether the appeal should be dismissed as untimely. The United States moves for leave to respond to the show cause out of time, ECF No. 7-1, and urges dismissal in its proposed response, Case: 25-1973 Document: 8 Page: 2 Filed: 12/11/2025

ECF No. 7-2. Mr. Montano did not respond to the court’s show cause order. We now dismiss. 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). This 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 Henderson v. Shinseki, 562 U.S. 428, 438–39 (2011); 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) ECF No. 7-1 is granted, and ECF No. 7-2 is ac- cepted for filing. (2) The appeal is dismissed. (3) Each side shall bear its own costs. FOR THE COURT

December 11, 2025 Date