Ramos v. United States

Case: 13-5145 Document: 8 Page: 1 Filed: 07/24/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JULIO A. RAMOS,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
______________________
2013-5145
______________________
Appeal from the United States Court of Federal
Claims in No. 12-CV-0859, Judge Lynn J. Bush.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
In a document received by the court on June 23, 2014,
Julio A. Ramos moves the court to recall the mandate
issued in this appeal. This appeal was dismissed on
October 28, 2013 for failure to pay the docketing fee
required by Federal Circuit Rule 52(a)(1) and failure to
file the brief required by Federal Circuit Rule 31(a). The
mandate issued on the same day. Ramos's petition for
Case: 13-5145 Document: 8 Page: 2 Filed: 07/24/2014
2 RAMOS v. US
rehearing, received on January 8, 2014, was previously
rejected as untimely.
Ramos asserts he was held in confinement in a special
housing unit without access to legal materials from Sep-
tember through December of 2013. Much time has passed
following the asserted confinement in special housing.
Ramos has not proffered a brief or paid the fee or moved
for leave to proceed in forma pauperis, and the failure to
provide these items was the ground for dismissal of the
appeal. Ramos has failed to demonstrate any extraordi-
nary circumstances that warrant recalling the mandate at
this late date. Calderon v. Thompson, 523 U.S. 538, 550
(1998).
Accordingly,
IT IS ORDERED THAT:
The motion to recall the mandate is denied. Further
submissions will be reviewed and, if they relate to the
same matter, will be noted as received on the docket
without further response.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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