William Harris v. United States

Case: 14-5044 Document: 21 Page: 1 Filed: 04/23/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ WILLIAM OSCAR HARRIS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2014-5044 ______________________ Appeal from the United States Court of Federal Claims in No. 1:13-cv-00824-LJB, Judge Lynn J. Bush. ______________________ ON MOTION ______________________ PER CURIAM. ORDER The United States moves to dismiss William Oscar Harris’s appeal for lack of jurisdiction. Mr. Harris oppos- es. Mr. Harris moves for leave to file his reply brief and for leave to proceed in forma pauperis. The United States opposes. The United States Court of Federal Claims has stayed discovery in Mr. Harris’s case while it considers the government’s pending motion to dismiss. It has not Case: 14-5044 Document: 21 Page: 2 Filed: 04/23/2014 2 WILLIAM HARRIS v. US issued any final decision pursuant to 28 U.S.C. § 1295(a)(3). While Mr. Harris argues that this court possesses jurisdiction pursuant 9 U.S.C. § 16(a)(1)(A), he has not established the right to file an interlocutory appeal under the Federal Arbitration Act. There is no evidence that a contract containing an arbitration clause is at issue here. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss is granted. (2) All other motions are moot. (3) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s24 ISSUED AS A MANDATE: April 23, 2014