Case: 22-1483 Document: 20 Page: 1 Filed: 04/01/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MANETIRONY CLERVRAIN,
Plaintiff-Appellant
v.
CONNIE LAWSON, MATT HURRELL, Director of
the Bureau of Prisons, TODD YOUNG, United
States Senator for Indiana,
Defendants-Appellees
______________________
2022-1483
______________________
Appeal from the United States District Court for the
Southern District of Indiana in No. 1:20-cv-01306-JMS-
DML, Judge Jane Magnus-Stinson.
______________________
PER CURIAM.
ORDER
Manetirony Clervrain brought this suit in federal dis-
trict court in Indiana naming government officials as de-
fendants. In December 2020, the court dismissed his
complaint as frivolous. In March and June 2021, the dis-
trict court denied post-judgment motions. The court also
imposed a filing injunction. On July 4, 2021, Mr. Clervrain
filed an appeal that was transmitted to the United States
Court of Appeals for the Seventh Circuit. On July 15, 2021,
Case: 22-1483 Document: 20 Page: 2 Filed: 04/01/2022
2 CLERVRAIN v. LAWSON
the district court denied Mr. Clervrain’s motion for leave to
waive the docketing fee for his appeal. The appeal was
eventually dismissed on February 2, 2022, after Mr.
Clervrain failed to pay the fee.
While his first appeal was pending, Mr. Clervrain con-
tinued to file submissions at the district court. On August
20, 2021, the district court ordered various submissions re-
turned to Mr. Clervrain unfiled. On February 15, 2022,
Mr. Clervrain filed a second notice of appeal referencing
this court. On the same day, he again moved for leave to
waive the docketing fee. On March 1, 2022, the district
court denied the motion, concluding that this appeal was
not taken in good faith.
Although this court has jurisdiction over appeals from
certain decisions of federal district courts, see
28 U.S.C.
§ 1295(a), that jurisdiction is limited in a way that appears
to apply here: This court may only hear appeals in certain
cases stemming from proceedings before the United States
Patent and Trademark Office, see
28 U.S.C.
§ 1295(a)(4)(C); civil actions arising under the patent laws,
see § 1295(a)(1); and cases where the district court’s juris-
diction was based in part or in whole on the Little Tucker
Act,
28 U.S.C. § 1346(a)(2), see § 1295(a)(2). Mr.
Clervrain’s complaint, which is difficult to decipher, does
not appear to raise any cause of action that would give rise
to our limited jurisdiction.
While this court can, under
28 U.S.C. § 1631, transfer
an appeal to another court in which the appeal could have
been brought at the time it was filed, the Seventh Circuit
would likewise lack jurisdiction. The timely filing of a no-
tice of appeal in a civil action is a “jurisdictional require-
ment.” Bowles v. Russell,
551 U.S. 205, 214 (2007). An
appeal from a final judgment or order in a civil action must
be filed within 60 days if the case involves the United
States or one of its agencies or officers in an official capac-
ity. See
28 U.S.C. § 2107(b); see also Fed. R. App. P.
Case: 22-1483 Document: 20 Page: 3 Filed: 04/01/2022
CLERVRAIN v. LAWSON 3
4(a)(1)(B). The district court did not issue any order within
60 days of receipt of the second notice of appeal at issue
here. Mr. Clervrain’s attempt to appeal is thus clearly un-
timely.
Accordingly,
IT IS ORDERED THAT:
(1) This appeal is dismissed.
(2) Any pending motion is denied as moot.
(3) Each side shall bear its own costs.
FOR THE COURT
April 1, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
