Alford v. United States

NOTE: This order is n0nprecedential. " United States Court of AppeaIs for the FederaI Circuit CARLOS A. ALFORD, Plaintiff-Appellant, V. UNITED STATES, Defendant-Appellee. 2011-5048 Appea1 from the United States C0urt of Federa1 C1ai-ms in 10-CV-525, Seni0r Judge J0hn P. Wiese. ON MOTION Before RADER, Chief Judge, NEWMAN and BRYs0N, Circuit Judges. PERCUR1AM. 0 R D E R The United States moves to dismiss Car10s A. A1f0rd’s appeal as premature ALFORD V. US 2 On January 31, 2011, Alford filed a document which the Court of Federal Claims treated as a notice of appeal to this court. At that time, Alford’s case was still pending before the trial court. The court’s jurisdiction over appeals from decisions of the Court of Federal Claims is governed by 28 U.S.C. § 1295(a)(3). Section 1295(a)(3) provides that the court has jurisdiction over "an appeal from a final decision of the United States Court of Federal Claims" (emphasis added). “A ‘iinal decision’ generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233 (1945). The Court of Federal Clai1ns had not entered or an- nounced a judgment before Alf0rd filed his appeal. Be- cause the case was still pending in the Court of Federal Claims, we must dismiss the appeal The court notes that the Court of Federal Claims subsequently entered final judgment in this matter on March 9, 2011, and thus he may file an appeal within 60 days of that date. Accordingly, IT ls ORDERE1;) THAT: (1) The United States’ motion to dismiss is granted. (2) Each side shall bear its own costs. FoR THE CoURT APR 05 2911 151 Jan H01~ba1y Date J an Horbaly Clerk FlLED l.S. COURT 0F APPMLS FOR THE FEDERA.l, C|RCU|T APR D5zu11 JAN|'l0RBAL‘l C|.U 3 cc: Carlos A. Alford S Joseph A. Pixley, Esq. 20 Issued As A Mandate: 0 5 ALFORD V. US