This morning the Federal Circuit issued two nonprecedential opinions in cases appealed from the Court of Federal Claims. The first opinion affirms a dismissal by the Court of Federal Claims for failure to prosecute, and the second affirms a dismissal for lack of jurisdiction and failure to prosecute. The court also issued two Rule 36 judgments and one erratum. Here are the introductions to the opinions and links to the Rule 36 judgments and erratum.
Tulipat v. United States (Nonprecedential)
Michael A. Tulipat appeals the dismissal of his action by the Court of Federal Claims for failure to prosecute. We affirm.
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On July 27, 2021, over three months after the case had been transferred from the Ninth Circuit, the Court of Federal Claims dismissed the case sua sponte under Rule 41(b) of the Rules of the Court of Federal Claims “for failure to prosecute.” App’x 48. The court explained that Mr. Tulipat had failed to file a complaint even though “[i]nformation regarding the transfer and further instructions were served on [Mr. Tulipat] via United States mail on April 21, 2021,” with those instructions including a requirement that Mr. Tulipat file his complaint “on or before May 19, 2021.” App’x 48.
Myles v. United States (Nonprecedential)
Ronald R. Myles, Jr. appeals the final decision of the United States Court of Federal Claims dismissing his complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted. For the below reasons, we affirm.