Case: 13-5126 Document: 13 Page: 1 Filed: 11/22/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
CHRISTOPHER J. MCNAUGHTON,
Plaintiff-Appellant,
AND
JUDITH I. MCNAUGHTON,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2013-5126
__________________________
Appeal from the United States Court of Federal
Claims in No. 13-CV-0288, Judge Nancy B. Firestone.
__________________________
Before NEWMAN, PROST, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
Christopher J. McNaughton and Judith I. McNaugh-
ton’s (“McNaughtons”) seek review of a United States
Court of Federal Claims (“CFC”) order granting the
United States an extension of time file its answer. We
Case: 13-5126 Document: 13 Page: 2 Filed: 11/22/2013
MCNAUGHTON v. US 2
consider whether the McNaughtons’ appeal must be
dismissed for lack of jurisdiction.
This court ordinarily only has jurisdiction over ap-
peals from “final decision[s]” of the CFC, i.e., ones that
“end[] the litigation on the merits and leaves nothing for
the court to do but execute the judgment.” Firestone Tire
& Rubber Co. v. Risjord, 449 U.S. 368, 373 (1981) (citation
omitted); 28 U.S.C. § 1295(a)(3) (“The United States Court
of Appeals for the Federal Circuit shall have exclusive
jurisdiction . . . of an appeal from a final decision of the
United States Court of Federal Claims.”). The CFC’s
order granting an extension of time to the United States
is not a final order or final decision that can be appealed
to this court at this time. Because we do not have subject
matter jurisdiction to hear this appeal, we must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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