Case: 13-5150 Document: 10 Page: 1 Filed: 01/31/2014
NOTE: This order is nonprecedential.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, Judge George W.
Miller.
______________________
Before RADER, Chief Judge, DYK and WALLACH, Circuit
Judges.
PER CURIAM.
ORDER
The parties respond to this court's order to show cause
why this appeal should not be dismissed as untimely.
Virginia Arlene Goforth asserts the appeal should not be
dismissed because she mailed the document in time. The
United States responds that the appeal must be dismissed
because it was not received by the court within the statu-
tory deadline.
Case: 13-5150 Document: 10 Page: 2 Filed: 01/31/2014
2 GOFORTH v. US
On July 23, 2013, the United States Court of Federal
Claims entered judgment in Virginia Arlene Goforth’s
case. The court received Goforth’s appeal on September
26, 2013.
To be timely, a notice of appeal must be received by
the Court of Federal Claims within 60 days of the entry of
judgment. 28 U.S.C. § 2522; 28 U.S.C. § 2107(b); Fed. R.
App. P. 4(a)(1); see also Sofarelli Associates, Inc. v. U.S.,
716 F.2d 1395, 1396 (Fed. Cir. 1983). Here, the notice of
appeal was due to be received by September 23, 2013.
The statutory deadline for taking an appeal from the
United States Court of Federal Claims to this court is
jurisdictional and mandatory. See Bowles v. Russell, 551
U.S. 205, 213-14 (2007); see also Sofarelli, 716 F.2d at
1396. We have no authority to create equitable excep-
tions for untimely notices of appeal. Bowles, 551 U.S. at
214. Because Goforth’s appeal as to the underlying
judgment was filed outside of the statutory deadline for
taking an appeal to this court, we must dismiss the ap-
peal.
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
s26