Flores v. United States

Case: 23-106 Document: 16 Page: 1 Filed: 03/01/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC FLORES,
Plaintiff-Petitioner
CYNTHIA LORENZA FLORES, JAVIER VENSOR
FLORES, ANDY FLORES, STEVEN FLORES,
MICHAEL RENE FLORES, EVANGELINA SALAS
MENDOZA, JORGE SALAS,
Plaintiffs
v.
UNITED STATES,
Defendant-Respondent
______________________
2023-106
______________________
On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d)(2) from the United States Court of
Federal Claims in Nos. 1:11-cv-00110-GWM and 1:11-cv-
00127-GWM, Judge George W. Miller.
______________________
ON PETITION AND MOTION
______________________
PER CURIAM.
ORDER
Case: 23-106 Document: 16 Page: 2 Filed: 03/01/2023
2 FLORES v. US
On November 29, 2022, this court received Eric Flores’s
“petition for permission to appeal,” ECF No. 2 at 1, seeking
to challenge the November 22, 2022, order of the United
States Court of Federal Claims denying his motion under
Rule 60(d)(3) of the Rules of the United States Court of Fed-
eral Claims to set aside that court’s April 8, 2011, judgment
dismissing his case. The court docketed his petition as a
petition for permission to appeal an interlocutory order un-
der 28 U.S.C. § 1292(d)(2). The United States moves to dis-
miss.
No appeal here can be brought under section 1292(d),
because the Court of Federal Claims’ order was never cer-
tified. The court notes, however, that on November 30,
2022, Mr. Flores separately filed “an appeal from a judge-
ment entered by the United States Court of Federal
Claims,” which was docketed here as Appeal No. 2023-
1243. To the extent there is any question with regard to
whether Mr. Flores has given timely notice of his intention
to seek review of the trial court’s November 22, 2022, order,
the court directs the Clerk of this court to docket Mr. Flo-
res’s petition as continuation pages to his notice of appeal
in Appeal No. 2023-1243. Any requests by the parties for
relief in this case or arguments over the court’s jurisdiction
should now be made by the parties in Appeal No. 2023-
1243.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) The Clerk of Court is directed to docket the petition
as continuation pages to the notice of appeal in Appeal
No. 2023-1243.
(3) All other pending motions are denied.
Case: 23-106 Document: 16 Page: 3 Filed: 03/01/2023
FLORES v. US 3
(4) Each side shall bear its own costs.
FOR THE COURT
March 1, 2023 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court