McCaster v. United States
CourtCourt of Appeals for the Federal Circuit
Date FiledNovember 10, 2026
Docket26-1509
StatusUnpublished
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Full Opinion
Case: 26-1509 Document: 19 Page: 1 Filed: 11/10/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MATTHEW-ALLEN MCCASTER,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2026-1509
______________________
Appeal from the United States Court of Federal Claims
in No. 1:24-cv-02027-EMR, Judge Eleni M. Roumel.
______________________
Decided: November 10, 2026
______________________
THE MATHIAS EL TRIBE, Office of the Chief Justice and
Trustee, Mathias El Tribe, Bakersfield, CA, pro se.
ALBERT S. IAROSSI, Commercial Litigation Branch,
Civil Division, United States Department of Justice, Wash-
ington, DC, for defendant-appellee. Also represented by
PATRICIA M. MCCARTHY, BRETT SHUMATE.
______________________
Before LOURIE, BRYSON, and REYNA, Circuit Judges.
Case: 26-1509 Document: 19 Page: 2 Filed: 11/10/2026
2 MCCASTER v. US
PER CURIAM.
In this unusual case, the appellant contends that the
Court of Federal Claims (“the Claims Court”) misidentified
him as the plaintiff and that as a consequence the court
denied the true plaintiff, The Mathias El Tribe (“the
Tribe”), its day in court.
I
Appellant Matthew-Allen McCaster filed an amended
complaint pro se in the Claims Court, asserting that he was
acting in his capacity as “Chief of the Mathias El Tribe.”
App. 52. 1 The amended complaint, brought under the
Indian Tucker Act, 28 U.S.C. § 1505, sought monetary
damages for the federal government’s alleged breaches of
its trust obligations, treaty rights, and fiduciary duties to
the Tribe. The court docketed the case as Matthew Allen
McCaster v. United States, No. 24-2027. Mr. McMaster
disagreed with that characterization and has referred to
the case throughout the proceedings before the Claims
Court and on appeal in this court as The Mathias El Tribe,
an identifiable group of American Indians v. United
States. 2
1 “App.” refers to the Appendix filed with the govern-
ment’s informal response brief. See ECF No. 5.
2 The plaintiff’s name has been spelled in several dif-
ferent ways at various points in the record. He styled his
initial complaint and his amended complaint as Mathew-
Allen McCaster v. United States. In the docket of the Court
of Federal Claims and how this court docketed the case, his
name is spelled Matthew Allen McCaster. In other places
in the record, his name is spelled Matthew-Allen McCaster.
In the notice of appeal, he refers to himself as Chief Ma-
thias El.
Case: 26-1509 Document: 19 Page: 3 Filed: 11/10/2026
MCCASTER v. US 3
On August 11, 2025, the Claims Court dismissed Mr.
McCaster’s amended complaint and entered judgment for
the government. App. 28–51, 27. The court ruled that
under Rule 83.1(a)(3) of the Rules of the United States
Court of Federal Claims (“the Claims Court rules”), Mr.
McCaster, a non-lawyer, could not represent the Tribe
before the court. App. 36–37. The court further ruled that
Mr. McCaster could not bring a claim under the Indian
Tucker Act in his individual capacity, as the Act provides
that only a “tribe, band, or other identifiable group” may
pursue claims under the Act. App. 37.
Mr. McCaster filed a motion to alter or amend the
judgment under Claims Court Rule 59(e), a motion for
relief from the judgment under Claims Court Rule 60, as
well as a motion to vacate the judgment, to clarify the
record, and to enforce a protective order. On October 23,
2025, the court entered an order denying each of those
motions. App. 17–26.
Four months later, Mr. McCaster filed another motion
for post-judgment relief in the form of a motion to reopen
and correct the record under Claims Court Rules 60(b)(4)
and 60(b)(6). App. 14–16. The motion asked the court to
reopen the case in order to “correct a jurisdictional
mischaracterization that treated this action as one brought
by an individual proceeding pro se, rather than by a tribal
group within the meaning of 28 U.S.C. § 1505.” App. 14.
This court will revise its caption to reflect how the
Claims Court’s order under review is captioned. For the
reasons explained below, the court will deny the appel-
lant’s motion in this appeal to change the official caption to
reflect “The Mathias El Tribe, an identifiable group of
American Indians,” as the Plaintiff-Appellant, see ECF No.
12.
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4 MCCASTER v. US
On February 19, 2026, the Claims Court denied those
motions, noting that they were “repetitive of Plaintiff’s
previous arguments, briefing, and motions.” App. 6. The
court reiterated that “entities (including tribes) must be
represented by barred attorneys” and that “a plaintiff
cannot bring his Indian Tucker Act claims in a personal
capacity, as Plaintiff seeks to do here.” App. 11.
On March 6, 2026, Mr. McCaster filed a notice of
appeal, which expressed his intention to appeal from each
of the orders entered by the Claims Court, including the
final judgment entered on August 11, 2025; the order
denying his motion for reconsideration on October 23,
2025; the order seeking to reopen the record under Claims
Court Rule 60 on February 19, 2026; and “all prior orders,
rulings, and determinations that merged into or formed the
basis of the final judgment.” App. 5.
II
On appeal, the government points out that this court
lacks jurisdiction to review the August 11, 2025, judgment
and the Claims Court’s October 23, 2025, rulings on the
appellant’s motions for reconsideration. Appeals from
judgments of the Claims Court must be filed within 60 days
of the date that the judgment becomes final, which in this
case was October 23, 2025. See 28 U.S.C. § 2107(b). This
court is therefore jurisdictionally barred from reviewing
those orders. See Bowles v. Russell, 551 U.S. 205, 214
(2007) (“Today we make clear that the timely filing of a
notice of appeal in a civil case is a jurisdictional
requirement.”); Fedora v. Merit Sys. Prot. Bd., 848 F.3d
1013, 1016 (Fed. Cir. 2017); Marandola v. United States,
518 F.3d 913, 914 (Fed. Cir. 2008) (“An untimely appeal
must be dismissed for lack of jurisdiction; the requirement
cannot be waived, and is not subject to equitable tolling.”).
The sole notice of appeal that was filed in this case was
filed on March 6, 2026, which was 134 days after the
Claims Court’s judgment became final on October 23, 2025.
Case: 26-1509 Document: 19 Page: 5 Filed: 11/10/2026
MCCASTER v. US 5
Accordingly, the only order that is properly presented for
appellate review is the Claims Court’s February 19, 2026,
order denying Mr. McCaster’s motions to reopen and
correct the record, for which the notice of appeal was timely
filed. 3
In the February 19, 2026, motions, the Claims Court
correctly characterized Mr. McCaster’s arguments as being
that (1) The Mathias El Tribe should be treated as the
plaintiff and therefore is eligible to invoke the Indian
Tucker Act, and (2) he should be entitled to represent The
Mathias El Tribe in his capacity as Chief Mathias El. The
Claims Court was correct in rejecting Mr. McCaster’s
arguments. As for Mr. McCaster’s assertion that he should
be entitled to represent The Mathias El Tribe, the Claims
Court correctly held that under Claims Court Rule
83.1(a)(3), a non-lawyer may not represent an entity,
including an Indian tribe, before the court. 4 See Williams
v. United States, 482 F. App’x 580, 582 (Fed. Cir. 2012). 5
3 Mr. McCaster concedes in his informal reply brief
that the notice of appeal was untimely as to the August 11,
2025, judgment and the Claims Court’s October 23, 2025,
rulings. See Appellant’s Inf. Reply Br. 1–2.
4 That rule provides as follows: “An individual who
is not an attorney may represent oneself or a member of
one’s immediate family, but may not represent a corpora-
tion, an entity, or any other person in any proceeding be-
fore this court.”
5 The Williams case is strikingly similar to this one.
In that case, the plaintiff filed a claim in the Claims Court
on behalf of herself, her predecessors, and members of the
Florida Chocktaw tribe seeking compensation from the
government for various asserted injuries suffered by the
tribe. The court held that, because Ms. Williams “is a non-
Case: 26-1509 Document: 19 Page: 6 Filed: 11/10/2026
6 MCCASTER v. US
Mr. McCaster therefore may not seek relief on behalf of The
Mathias El Tribe. The court was also correct in holding
that the Indian Tucker Act by its terms provides that only
an Indian tribe, band, or other identifiable group may seek
relief under the Act, and that Mr. McCaster therefore could
not bring an action under section 1505 in his personal
capacity. See Fields v. United States, 423 F.2d 380, 383 (Ct.
Cl. 1970) (“[S]ince the instant case is one brought by
individual Indians and not a tribe, band, or identifiable
group of Indians, we feel that defendant is correct in
asserting that section 1505 does not apply to the present
case.”). 6
III
We have considered Mr. McCaster’s remaining
arguments but find them unpersuasive. Accordingly, we
affirm the Claims Court’s February 19, 2026, order.
AFFIRMED
COSTS
No costs.
lawyer proceeding pro se, she cannot represent the Florida
Choctaws or anyone who is not an immediate family mem-
ber.” Williams, 482 F. App’x at 582 (citing Claims Court
Rule 83.1(a)(3)).
6 Although an individual may bring an action in his
personal capacity under the Tucker Act, 28 U.S.C.
§ 1491(a), Mr. McCaster contends that he is not proceeding
in his personal capacity, see ECF No. 12 at 2, and he has
not argued that his complaint should be read as invoking
section 1491.