Beal v. United States
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 29, 2026
Docket26-1917
StatusUnpublished
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Full Opinion
Case: 26-1917 Document: 5 Page: 1 Filed: 10/29/2026
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CHARLES-CLIFTON BEAL,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2026-1917
______________________
Appeal from the United States Court of Federal Claims
in No. 1:25-cv-01949-EDK, Judge Elaine Kaplan.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
The court directed the parties to show cause because
this appeal appears untimely. The United States moves for
leave to respond out of time, and Charles-Clifton Beal re-
sponds and asks for various relief but does not address the
timeliness of his appeal.
On March 25, 2026, the United States Court of Federal
Claims entered judgment dismissing Mr. Beal’s complaint
Case: 26-1917 Document: 5 Page: 2 Filed: 10/29/2026
2 BEAL v. US
for lack of subject matter jurisdiction. Mr. Beal’s notice of
appeal seeking review of that judgment is dated May 22,
2026, was date-stamped “received” by his prison’s legal
mail system and postmarked on May 27, 2026, and was re-
ceived by the Court of Federal Claims on June 3, 2026.
To be timely, a notice of appeal must ordinarily be re-
ceived by the Court of Federal Claims within 60 days of
entry of the judgment. 28 U.S.C. §§ 2107(b), 2522. This
statutory deadline is mandatory 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 Hender-
son v. Shinseki, 562 U.S. 428, 438–39 (2011).
Mr. Beal’s notice of appeal cannot be deemed received
on May 22, 2026. Mr. Beal failed to file a declaration set-
ting out the date of deposit and stating that first-class post-
age was prepaid, Fed. R. App. P. 4(c)(1)(A)(i), (B), and the
other evidence in the record, in particular the legal mail
date stamp, does not establish that the notice of appeal was
timely presented to the prison authorities, Fed. R. App. P.
4(c)(1)(A)(ii). See Fed. Cir. R. 1(a)(1)(C).
Instead, the earliest date the notice can be deemed filed
is May 27, 2026, the date it was postmarked and stamped
received by the prison’s mail system, Fed. R. App. P.
4(c)(1)(A)(ii), but even measured from that date, Mr. Beal’s
notice of appeal was filed outside the 60-day filing period.
Because the appeal is untimely, we must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The motion for leave to respond is granted.
(2) The appeal is dismissed, and any other requested
relief is denied.
Case: 26-1917 Document: 5 Page: 3 Filed: 10/29/2026
BEAL v. US 3
(3) Each side shall bear its own costs.
FOR THE COURT
October 29, 2026
Date