Novero v. Nicholson

Federal Circuit

Novero v. Nicholson

159 F. App'x 999

CourtCourt of Appeals for the Federal Circuit

DecidedDecember 1, 2005

DocketNo. 05-7153

StatusPublished

This text of 159 F. App'x 999 (Novero v. Nicholson) 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.

Bluebook

Novero v. Nicholson, 159 F. App'x 999 (Fed. Cir. 2005).

Pincite

Opinion

ORDER

PER CURIAM.

Francisco Novero moves for a 32-day extension of time, until November 25, 2005, to file his brief. The court considers whether Novero’s appeal should be dismissed.

Novero has previously requested and received three extensions of time, totaling 124 days, in which to file his brief. On October 18, 2005, the court granted his third motion for an extension of time but stated that there would be “[n]o further extensions.”

When the court states “no further extensions,” it means it. These words are not lightly or routinely added to orders. Because Novero did not file a brief within the explicit deadline set by the court in its October 18, 2005 order, the motion is denied and the appeal is dismissed. See Julien v. Zeringue, 864 F.2d 1572 (Fed. Cir.1989) (court may dismiss for failure to file a brief).

Accordingly,

IT IS ORDERED THAT:

(1) The motion is denied.

(2) The appeal is dismissed for failure to file a brief.

(3) Each side shall bear its own costs.

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