Case: 12-5119 Document: 13 Page: 1 Filed: 03/04/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JOHN DOE,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2012-5119
__________________________
Appeal from the United States Court of Federal
Claims in case no. 11-CV-348, Judge Margaret M.
Sweeney.
__________________________
ON MOTION
__________________________
Before NEWMAN, LOURIE, and REYNA, Circuit Judges.
REYNA, Circuit Judge.
ORDER
The court previously deactivated this appeal because
it appeared that a motion of the type enumerated in Fed.
R. App. R. 4(a)(4) had been filed. John Doe moves to
reactivate the appeal. The United States responds and
moves to dismiss the appeal.
Case: 12-5119 Document: 13 Page: 2 Filed: 03/04/2013
JOHN DOE v. US 2
Both parties agree that a motion of the type enumer-
ated in Fed. R. App. P. 4(a)(4) has not been filed at the
Court of Federal Claims, and thus deactivation is not
required. Doe acknowledges that there is a motion to
dismiss pending before the Court of Federal Claims.
However, he contends that the portion of the Court of
Federal Claims’s decision and order that disposed of his
claims prior to June 1, 2005, is ripe for appeal. As noted
by the government, there has been no final judgment in
this case. Nor has the Court of Federal Claims entered
judgment under Rule of the Court of Federal Claims
54(b). As a result, we lack jurisdiction to hear Doe’s
appeal, because it is premature. See Nystrom v. Trex Co.,
339 F.3d 1347, 1350 (Fed. Cir. 2003) (“If a case is not fully
adjudicated as to all claims for all parties and there is no
express determination that there is no just reason for
delay or express direction for entry of judgment as to
fewer than all of the parties or claims, there is no final
decision . . . and therefore no jurisdiction.”) Of course,
after the Court of Federal Claims disposes of all claims
and enters final judgment, any adversely affected party
may file a notice of appeal.
Accordingly,
IT IS ORDERED THAT:
1) The motion to reactivate is moot.
2) The motion to dismiss is granted.
3) Each side shall bear its own costs.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s25
Case: 12-5119 Document: 13 Page: 3 Filed: 03/04/2013
3 JOHN DOE V. US
ISSUED AS A MANDATE: March 4, 2013
Doe v. United States
Combined Opinion