MCNAUGHTON v. US , No. 13-5126 (Fed. Cir. 2013)

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Case: 13-5126 Document: 13 Page: 1 Filed: 11/22/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ CHRISTOPHER J. MCNAUGHTON, Plaintiff-Appellant, AND JUDITH I. MCNAUGHTON, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. __________________________ 2013-5126 __________________________ Appeal from the United States Court of Federal Claims in No. 13-CV-0288, Judge Nancy B. Firestone. __________________________ Before NEWMAN, PROST, and REYNA, Circuit Judges. PER CURIAM. ORDER Christopher J. McNaughton and Judith I. McNaughton s ( McNaughtons ) seek review of a United States Court of Federal Claims ( CFC ) order granting the United States an extension of time file its answer. We Case: 13-5126 MCNAUGHTON Document: 13 Page: 2 Filed: 11/22/2013 v. US 2 consider whether the McNaughtons appeal must be dismissed for lack of jurisdiction. This court ordinarily only has jurisdiction over appeals from final decision[s] of the CFC, i.e., ones that end[] the litigation on the merits and leaves nothing for the court to do but execute the judgment. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373 (1981) (citation omitted); 28 U.S.C. § 1295(a)(3) ( The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction . . . of an appeal from a final decision of the United States Court of Federal Claims. ). The CFC s order granting an extension of time to the United States is not a final order or final decision that can be appealed to this court at this time. Because we do not have subject matter jurisdiction to hear this appeal, we must dismiss. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26

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