NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

CHRISTOPHER STEWART,

Plaintiff-Appellant

v.

UNITED STATES,

Defendant-Appellee

______________________

2024-1304

______________________

Appeal from the United States Court of Federal Claims 

in No. 1:23-cv-00934-DAT, Judge David A. Tapp.

______________________

Before DYK, WALLACH, and CUNNINGHAM, Circuit Judges.

PER CURIAM.

O R D E R

In response to this court’s January 22, 2024 show cause 

order, the United States urges dismissal of this appeal as 

untimely. Christopher Stewart has not responded.

Mr. Stewart filed a complaint at the United States 

Court of Federal Claims, alleging violations by the “United 

States District Court.” Compl. at 2. Among other cases, 

Mr. Stewart identified Stewart v. Quality Carriers, Inc., 

No. 3:19-cv-0606 (M.D. La.) (“the -0606 action”), a case involving a private defendant involved in a motor vehicle 

Case: 24-1304 Document: 5 Page: 1 Filed: 04/10/2024
2 STEWART v. US

accident. The Court of Federal Claims dismissed Mr. Stewart’s complaint and entered judgment on July 14, 2023. On 

December 26, 2023, Mr. Stewart filed a notice of appeal

from “the Order Granting With[]draw” entered on 

“11/14/2023,” identifying both his case before the Court of 

Federal Claims and the -0606 action. ECF No. 1-2 at 1. 

A party seeking appellate review must comply with the 

“linked jurisdictional provisions” of Rules 3 and 4 of the 

Federal Rules of Appellate Procedure. Becker v. Montgomery, 532 U.S. 757, 765 (2001). Rule 3 requires a notice of 

appeal to designate “the judgment” or “appealable order” 

from “which the appeal is taken.” Fed R. App. P. 3(c)(1)(B). 

Rule 4 and 28 U.S.C. §§ 2107, 2522 further require that an 

appeal from the United States Court of Federal Claims 

must be filed within 60 days of the final judgment or order 

being appealed if one of the parties is the United States. 

These requirements are “jurisdictional in nature,” and 

their “satisfaction is a prerequisite to appellate review.” 

Smith v. Barry, 502 U.S. 244, 248 (1992) (citation omitted); 

see also Marandola v. United States, 518 F.3d 913, 914–15

(Fed. Cir. 2008) (citation omitted). 

Mr. Stewart failed to satisfy these requirements. His

notice of appeal was filed more than 60 days from the entry 

of judgment in this case. And while it was filed within 60 

days of November 14, 2023, no order from that date or 

anything close appears on the Court of Federal Claims’s 

docket.* We must therefore dismiss the appeal. 

* We note that to the extent Mr. Stewart was attempting to appeal from the -0606 action, the notice also is 

untimely because it was filed more than one year after the 

latest docket entry in the -0606 action. See 28 U.S.C. 

Case: 24-1304 Document: 5 Page: 2 Filed: 04/10/2024
STEWART v. US 3

Accordingly, 

IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each party shall bear its own costs.

April 10, 2024

 Date

FOR THE COURT

 

§ 2107(a) (providing for 30 days to appeal when the suit 

does not include the United States as a party). 

Case: 24-1304 Document: 5 Page: 3 Filed: 04/10/2024