Goforth v. United States

Case: 13-5150 Document: 6 Page: 1 Filed: 11/26/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ VIRGINIA ARLENE GOFORTH, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2013-5150 ______________________ Appeal from the United States Court of Federal Claims in No. 1:13-cv-00175-GWM. ______________________ PER CURIAM. ORDER Upon review of this recently docketed appeal, it ap- pears that Virginia Arlene Goforth’s appeal was not timely filed. On July 23, 2013, the United States Court of Federal Claims entered judgment in Goforth’s case. The court received Goforth’s appeal on September 26, 2013; 65 days after date of judgment. To be timely, a notice of appeal must be received by the Court of Federal Claims within 60 days of the entry of Case: 13-5150 Document: 6 Page: 2 Filed: 11/26/2013 2 GOFORTH v. US judgment. 28 U.S.C. § 1295(a)(3); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). Accordingly, IT IS ORDERED THAT: (1) Goforth is directed to show cause, within 30 days of the date of filing of this order why this appeal should not be dismissed as untimely. The United States may also respond within that time. (2) The briefing schedule is stayed. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s26