Antonio Letrell Brown v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ANTONIO LETRELL BROWN,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2026-1179
______________________
Appeal from the United States Court of Federal Claims
in No. 1:25-cv-00737-LAS, Senior Judge Loren A. Smith.
______________________
PER CURIAM.
O R D E R
On August 25, 2025, the United States Court of Federal
Claims entered judgment dismissing Antonio Letrell
Brown’s complaint for lack of subject matter jurisdiction.
Mr. Brown’s notice of appeal was received by the Court of
Federal Claims on November 14, 2025. This court directed
the parties to show cause whether the appeal should be dis-
missed as untimely. The United States urges dismissal.
Mr. Brown did not respond to the court’s show cause order.
We now dismiss.
Case: 26-1179 Document: 8 Page: 1 Filed: 03/23/2026

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BROWN v. US 2
To be timely, a notice of appeal must typically be re-
ceived by the Court of Federal Claims within 60 days of the
entry of the final judgment. 28 U.S.C. §§ 2107(b), 2522;
Fed. R. App. P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). This stat-
utory deadline is mandatory and jurisdictional, such that
we may not excuse a late notice. Marandola v. United
States, 518 F.3d 913, 914 (Fed. Cir. 2008); see also Hender-
son v. Shinseki, 562 U.S. 428, 438–39 (2011); cf. Fed. R.
App. P. 26(b)(1). Because the notice of appeal was not re-
ceived within that time, we lack jurisdiction and must dis-
miss.1
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
March 23, 2026
Date
FOR THE COURT
1 Although it appears Mr. Brown was incarcerated
at the time he filed his notice, he has not submitted any
declaration or evidence establishing that he deposited his
notice of appeal in the institution’s mail system with first-
class postage prepaid on or before the last day for filing.
Fed. R. App. P. 4(c); Fed. Cir. R. 1(a)(1)(C).
Case: 26-1179 Document: 8 Page: 2 Filed: 03/23/2026

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