Zahler v. United States
CourtCourt of Appeals for the Federal Circuit
Date FiledNovember 10, 2026
Docket26-1948
StatusUnpublished
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Full Opinion
Case: 26-1948 Document: 16 Page: 1 Filed: 11/10/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JORDAN ZAHLER,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2026-1948
______________________
Appeal from the United States Court of Federal Claims
in No. 1:26-cv-00614-EGB, Senior Judge Eric G. Bruggink.
______________________
Decided: November 10, 2026
______________________
JORDAN ZAHLER, Wind Gap, PA, pro se.
DANIEL FALKNOR, Commercial Litigation Branch, Civil
Division, United States Department of Justice, Washing-
ton, DC, for defendant-appellee. Also represented by
DEBORAH ANN BYNUM, PATRICIA M. MCCARTHY, BRETT
SHUMATE.
______________________
Before DYK, SCHALL, and STOLL, Circuit Judges.
Case: 26-1948 Document: 16 Page: 2 Filed: 11/10/2026
2 ZAHLER v. US
PER CURIAM.
Mr. Jordan Zahler filed suit in the Court of Federal
Claims (“Claims Court”) seeking damages from the United
States on the theory that, in an earlier civil action, a dis-
trict court was required to award him default judgment.
The Claims Court dismissed his complaint for lack of sub-
ject-matter jurisdiction. The Claims Court concluded that
Mr. Zahler failed to identify a money-mandating source of
law entitling him to the damages sought, a requirement of
its jurisdiction under the Tucker Act, and dismissed the
complaint. Mr. Zahler appeals. We affirm.
BACKGROUND
Mr. Zahler sued several private entities in the District
Court for the Eastern District of Pennsylvania, seeking
$690,226,256 in damages. The defendants in that case
filed a motion to dismiss in lieu of an answer, thus extend-
ing the time for answering the complaint. See Fed. R. Civ.
P. 12(a)(4)(A). Alleging that the defendants’ answer was
overdue, Mr. Zahler moved for entry of default. The dis-
trict court did not enter default and instead granted the
defendants’ motion to dismiss each of Mr. Zahler’s claims.
Mr. Zahler did not appeal the district court’s dismissal.
Mr. Zahler then filed a complaint at the Claims Court,
seeking the $690,226,256 from the government on the the-
ory that the district court clerk failed to enter default as
allegedly required under Federal Rule of Civil Proce-
dure 55(a). Mr. Zahler alleged that the Claims Court had
jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1),
and pleaded that his claim was founded upon a violation of
the Rules Enabling Act, 28 U.S.C. § 2072, and Federal Rule
of Civil Procedure 55(a).
Before the government entered a responsive pleading,
the Claims Court entered an order dismissing the com-
plaint under Claims Court Rule 12(h)(3) for lack of subject-
matter jurisdiction.
Case: 26-1948 Document: 16 Page: 3 Filed: 11/10/2026
ZAHLER v. US 3
Mr. Zahler timely appeals. We have jurisdiction under
28 U.S.C. § 1295(a)(3).
DISCUSSION
We review de novo the Claims Court’s determination of
its jurisdiction. Estes Express Lines v. United States,
739 F.3d 689, 692 (Fed. Cir. 2014).
The Claims Court concluded that Mr. Zahler’s claim
was not based on a money-mandating source of law, depriv-
ing it of jurisdiction. The Claims Court has Tucker Act ju-
risdiction only over claims deriving from a money-
mandating source of law. 28 U.S.C. § 1491(a)(1); Metz
v. United States, 466 F.3d 991, 995–96 (Fed. Cir. 2006). A
source of law is money mandating if it “can fairly be inter-
preted as mandating compensation by the Federal Govern-
ment for the damages sustained.” United States
v. Mitchell, 463 U.S. 206, 216–17 (1983) (internal citations
and quotations omitted).
Mr. Zahler argues that the money-mandating require-
ment applies only to claims based on the Constitution, Acts
of Congress, or administrative regulations, and somehow
does not apply to his claims. Mr. Zahler alternatively ar-
gues that his claims are based on the Rules Enabling Act
and that the Act is money-mandating. Mr. Zahler is incor-
rect. The Claims Court correctly determined that Mr. Zah-
ler was required to establish a money-mandating provision
of law and that the Rules Enabling Act is not a money-man-
dating source of law that could sustain its Tucker Act ju-
risdiction.
Alternatively, we conclude that the Claims Court
lacked jurisdiction because Mr. Zahler’s claim essentially
seeks review of a district court decision. Joshua v. United
States, 17 F.3d 378, 380 (Fed. Cir. 1994).
Case: 26-1948 Document: 16 Page: 4 Filed: 11/10/2026
4 ZAHLER v. US
CONCLUSION
We have considered Mr. Zahler’s other arguments and
find them unpersuasive. We affirm the Claims Court’s dis-
missal of the complaint for lack of subject-matter jurisdic-
tion.
AFFIRMED