Case: 12-5070 Document: 13 Page: 1 Filed: 05/31/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JAMES A. WILLIAMS,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2012-5070
__________________________
Appeal from the United States Court of Federal
Claims in No. 10-CV-753, Judge Victor J. Wolski.
__________________________
ON MOTION
__________________________
Before NEWMAN, Circuit Judge.
ORDER
The United States moves to dismiss the appeal be-
cause the appeal was untimely filed. James A. Williams
opposes. The United States replies. Mr. Williams also
moves to strike the United States motion to dismiss. The
United States opposes. Mr. Williams replies.
The Court of Federal Claims entered judgment in the
underlying case on December 29, 2011 in the govern-
Case: 12-5070 Document: 13 Page: 2 Filed: 05/31/2013
JAMES WILLIAMS v. US 2
ment’s favor. The Court of Federal Claims filed Williams’
appeal 61 days later, on February 28, 2012. Williams,
however, offers some evidence a copy of his appeal was
received before expiration of the 60 day deadline. There-
fore, we deem it the better course to deny the motion
without prejudice to the parties addressing the jurisdic-
tional issue to the merits panel.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is denied. The United
States should calculate its brief due date from the date of
this order.
(2) The motion to strike is denied as moot.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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