Note: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
IVAN L. MENDEZ,
Plaintiff-Appellant,
Vv.
THE NATIONAL RAILROADS OF MEXICO
Defendant-Appellee.
2010-1448
Appeal from the United States District Court for the District of New Mexico in 09-CV-1222, Judge Robert C. Brack.
Before PROST, MAYER, and MOORE, Circuit Judges.
ORDER
Ivan L. Mendez responds to the court’s order directing him to show cause why his appeal should not be dismissed,
Mendez filed a complaint against The National Railroads of Mexico, appearing to allege civil rights violations. The United States District Court for the District of New2 MENDEZ v. NATIONAL RAILROADS 2 Mexico dismissed the complaint for failure to state a claim upon which relief may be granted. Mendez appealed, seeking review by this court.
This court’s jurisdiction over appeals of district court decisions is limited primarily to cases involving patents and suits against the United States not exceeding $10,000. See 28 U.S.C. § 1295 (a)(1), (2). Mendez’s appeal is not within this court’s jurisdiction. We also note that the district court entered judgment on January 6, 2010. Mendez's notice of appeal was filed on July 20; 2010. Any appeal of the district court's judgment was due no later than February 5, 2010. Thus, because the appeal was not timely filed and is not within this court's jurisdiction, we dismiss the appeal.” :
Accordingly, It Is ORDERED THAT: (1) The appeal is dismissed. Any pending motions are denied as moot.
(2) Each side shall bear its own costs.
For THE CouRT
MAR 04 2011 /si Jan Horbaly FILED
U.S. COURT Date Jan Hlorbaly THE FEDERAL CIR ce: Ivan L. Mendez MAR 04 2011 s20
JAN HORBALY
CLERK
- * Mendez also previously sought review by the United States Court of Appeals for the Tenth Circuit. On July 28, 2010, the Tenth Circuit dismissed that appeal for failure to prosecute.