El Malik v. United States
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 28, 2026
Docket27-1080
StatusUnpublished
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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NOTE: This order is nonprecedential.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.
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EL MALIK v. US 3
(3) Each side shall bear its own costs.
FOR THE COURT
October 28, 2026
Date