Case Information
*1 Before C HEN , RYSON , and C UNNINGHAM , Circuit Judges . P ER URIAM .
Ramey Alaine Chisum appeals a November 21, 2024 fi- nal decision by the U.S. Court of Federal Claims (Claims Court) dismissing her complaint for lack of subject-matter jurisdiction. SAppx 3. [1] Because Ms. Chisum’s appeal to this court was untimely, we lack jurisdiction and therefore must dismiss ACKGROUND
On October 11, 2024, Ms. Chisum filed a complaint in the Claims Court alleging she and her children were being denied medical care by a medical institution called “Uni- versity Health.” SAppx 5. The complaint also alleged that the Department of Justice had failed to investigate her al- legations. Id. at 6. Ms. Chisum’s complaint asked for in- junctive relief to “cease all abusive actions” and to provide an “opportunity to relocate to a more inclusive community.” Id. at 7. Ms. Chisum attached several exhibits to the com- plaint including Department of Justice organizational charts, statistics, and email correspondence between her and the Civil Rights Division. SAppx 13–52.
On November 20, 2024, the Claims Court issued a sua sponte order directing the clerk of the court to dismiss Ms. Chisum’s complaint for lack of subject-matter jurisdic- tion. SAppx 1–2. The Claims Court found it lacked juris- diction over Ms. Chisum’s claims based on violations of civil rights and housing discrimination statutes, the Amer- icans with Disability Act, and the Health Insurance Porta- bility and Accountability Act. Id. at 2. A day later, on November 21, 2024, the clerk’s office issued a judgment dis- missing the case. SAppx 3.
On March 14, 2025, Ms. Chisum filed a notice of ap- peal. ECF No. 1; SAppx 4.
D ISCUSSION
We have jurisdiction over appeals from the Claims Court under 28 U.S.C. § 1295(a)(3). Pursuant to 28 U.S.C. § 2522, “[r]eview of a decision of the [Claims Court] shall be obtained by filing a notice of appeal with the clerk of the [Claims Court] within the time and in the manner pre- scribed for appeals to United States courts of appeals from the United States district courts.” 28 U.S.C. § 2522. Pur- suant to Fed. R. App. P. 4(a)(1)(B), a notice of appeal must be filed within 60 days after entry of judgment when one of the parties is the United States. Fed. R. App. P. 4(a)(1)(B).
“[T]he taking of an appeal within the prescribed time is ‘mandatory and jurisdictional.’” Bowles v. Russell , 551 U.S. 205, 209 (2007) (quoting Griggs v. Provident Con- sumer Disc. Co. , 459 U.S. 56, 61 (1982) (per curiam)). An untimely appeal from the Claims Court must be dismissed for lack of jurisdiction; there is no opportunity for waiver or equitable tolling. Marandola v. United States , 518 F.3d 913, 914 (Fed. Cir. 2008) (citing Bowles , 551 U.S. at 214).
Because Ms. Chisum’s claims were filed against the United States, she was required to file her notice within 60 days of November 21, 2024, the day the Claims Court en- tered judgment in her suit. 28 U.S.C. § 2522; Fed. R. App. P. 4(a)(1)(B). Instead, Ms. Chisum filed her notice of ap- peal on March 14, 2025, 113 days later. See ECF No. 1. Thus, we lack jurisdiction over her claims and must dis- miss. Bowles , 551 U.S. at 209; see also Sofarelli Assocs., Inc. v. United States , 716 F.2d 1395, 1396 (Fed. Cir. 1983).
DISMISSED OSTS
No costs.
[1] “SAppx” refers to the supplemental appendix filed with the government’s informal response brief.