Batiste v. United States

Type

Opinion of the Court

Author

William Curtis Bryson

Filed

May 30, 2002

Case

Batiste v. United States

Case status

Decided

The first passage of the document, as extracted by the source provider.

ON MOTION BRYSON, Circuit Judge. ORDER The United States moves to dismiss John P. Batiste, Jr.’s appeal as untimely. Batiste has not responded. Batiste sued the United States in the Court of Federal Claims regarding a military pay matter. On December 11, 2001, the Court of Federal Claims dismissed the action as beyond the applicable six-year statute of limitations, 28 U.S.C. § 2501 . On February 7, 2002, 58 days after entry of judgment, Batiste filed a document in the Court of Federal Claims titled “Memorandum in Opposition to Defendant’s Motion to Dismiss, and the Order be Rescinded.” The motion attempted to submit new evidence and argument regarding Batiste’s claim. The motion requested that the United States’ motion to dismiss be quashed and that judgment be entered in Batiste’s favor. Because the motion was not received within 10 days of the entry of the judgment, the motion could not be treated as a motion to amend the judgment under RCFC 59. Thus, the Court of Federal Claims treated the motion as a motion for relief from the judgment pursuant to RCFC 60(b). The Court of Federal Claims denied the motion on February 8, 2002. On March 8, 2002, Batiste filed a document titled “No…

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