Full Opinion

Case: 26-1941 Document: 30 Page: 1 Filed: 10/23/2026 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MICHAEL EDWARD SAMPSON, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee ______________________ 2026-1941 ______________________ Appeal from the United States Court of Federal Claims in No. 1:25-cv-01974-MRS, Judge Molly R. Silfen. ______________________ ON MOTION ______________________ PER CURIAM. ORDER On January 30, 2026, the United States Court of Fed- eral Claims entered judgment, dismissing Michael Edward Sampson’s complaint for failure to prosecute. On June 9, 2026, the Court of Federal Claims docketed a motion for relief under Rule 60 of the Rules of the United States Court of Federal Claims dated April 15, 2026, and a notice of ap- peal, dated May 20, 2026, seeking this court’s review of the dismissal order. The Court of Federal Claims transmitted Case: 26-1941 Document: 30 Page: 2 Filed: 10/23/2026 2 SAMPSON v. US the appeal to this court and subsequently denied his mo- tion for Rule 60 relief. Having received the parties’ re- sponses to this court’s show cause order, we now decide whether to dismiss the appeal as untimely. To be timely, a notice of appeal must be received by the Court of Federal Claims within 60 days of the entry of that court’s resolution of the last timely-filed post-judgment mo- tion. 28 U.S.C. §§ 2107(b), 2522; Fed. R. App. P. 4(a)(4)(A); Fed. Cir. R. 1(a)(1)(C). This statutory deadline is manda- tory and jurisdictional, such that we may not excuse 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). Even meas- ured from his date on the documents, his motion for Rule 60 relief did not impact the time to appeal because it was not filed within 28 days of the judgment, Fed. R. App. P. 4(a)(4)(A)(vi), Fed. R. Civ. P. 59(b), RCFC 59(e), and his no- tice of appeal was filed outside the filing deadline. Nor can we discern within Mr. Sampson’s filings any intent to ap- peal the Court of Federal Claims’s denial of his Rule 60 mo- tion. See Fed. R. App. P. 3(c) (requiring, among other things, any notice of appeal “designate the judgment—or the appealable order—from which the appeal is taken”). Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed, and all pending requests for relief are denied. Case: 26-1941 Document: 30 Page: 3 Filed: 10/23/2026 SAMPSON v. US 3 (2) Each side shall bear its own costs. FOR THE COURT October 23, 2026 Date