Full Opinion

Case: 27-1080 Document: 3 Page: 1 Filed: 10/28/2026 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RASHID EL MALIK, Plaintiff-Appellant v. UNITED STATES, Respondent-Appellee ______________________ 2027-1080 ______________________ Appeal from the United States Court of Federal Claims in No. 1:20-cv-00267-MRS, Judge Molly R. Silfen. ______________________ ON MOTION ______________________ Before CHEN, LINN, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER Rashid El Malik, who must seek leave of court to ap- peal because he repeatedly relitigated the same issues over a Veteran Readiness and Employment (“VR&E”) award, El Malik v. Collins, Appeal No. 2025-1300, slip op. at 2 (Fed. Cir. July 8, 2025), ECF No. 35, now seeks leave to appeal Case: 27-1080 Document: 3 Page: 2 Filed: 10/28/2026 2 EL MALIK v. US from a decision of the United States Court of Federal Claims. We grant leave and summarily affirm. This is Mr. El Malik’s second appeal in this case assert- ing a breach of contract claim centered on his dissatisfac- tion with improvements to his home in connection with the VR&E award. El Malik v. United States, No. 2024-1746, 2024 WL 5001993, at *1 (Fed. Cir. Dec. 6, 2024). In 2024, the Court of Federal Claims dismissed, concluding that it lacked jurisdiction and that Mr. El Malik failed to state a claim upon which relief can be granted. We affirmed on both grounds. Id. at *5. Subsequently, Mr. El Malik moved for relief from the judgment, asserting that the Court of Federal Claims has jurisdiction based on an intervening decision by the Board of Veterans’ Appeals. The court de- nied the motion. We will grant Mr. El Malik’s request to appeal from that denial. However, because “no substantial question re- garding the outcome of the appeal exists,” we summarily affirm. Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). Whatever the force of his argument regarding juris- diction, the trial court was clearly correct in denying his motion for relief from the judgment given that this court previously affirmed the alternative basis for dismissal that Mr. El Malik’s complaint failed to state a claim upon which relief can be granted. Accordingly, IT IS ORDERED THAT: (1) The motion for leave to file is granted. (2) The decision of the United States Court of Federal Claims is summarily affirmed. Case: 27-1080 Document: 3 Page: 3 Filed: 10/28/2026 EL MALIK v. US 3 (3) Each side shall bear its own costs. FOR THE COURT October 28, 2026 Date