Jose A. Montano, on behalf of Montano Electri- cal Contractor v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOSE A. MONTANO, on behalf of Montano Electri-
cal Contractor,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2025-1973
______________________
Appeal from the United States Court of Federal Claims
in No. 1:25-cv-00700-AOB, Judge Armando O. Bonilla.
______________________
Before PROST, CHEN, and HUGHES, Circuit Judges.
PER CURIAM.
O R D E R
The United States Court of Federal Claims dismissed
Jose A. Montano’s complaint and entered judgment on May
8, 2025. The Court of Federal Claims received Mr. Mon-
tano’s notice of appeal 61 days later on July 8, 2025. This
court directed the parties to show cause whether the appeal
should be dismissed as untimely. The United States moves
for leave to respond to the show cause out of time, ECF No.
7-1, and urges dismissal in its proposed response,
Case: 25-1973 Document: 8 Page: 1 Filed: 12/11/2025

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MONTANO v. US 2
ECF No. 7-2. Mr. Montano did not respond to the court’s
show cause order. We now dismiss.
To be timely, a notice of appeal must be received 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 statutory deadline
is mandatory and jurisdictional, such that we may not ex-
cuse a late notice. Marandola v. United States, 518 F.3d
913, 914 (Fed. Cir. 2008); see also Henderson v. Shinseki,
562 U.S. 428, 438–39 (2011); cf. Fed. R. App. P. 26(b)(1).
Because the notice of appeal was not received within that
time, we lack jurisdiction and must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) ECF No. 7-1 is granted, and ECF No. 7-2 is ac-
cepted for filing.
(2) The appeal is dismissed.
(3) Each side shall bear its own costs.
December 11, 2025
Date
FOR THE COURT
Case: 25-1973 Document: 8 Page: 2 Filed: 12/11/2025

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