March 6, 2026·26-1242·Panel Decision·By James Taylor
The United States Court of Appeals for the Federal Circuit dismissed an appeal due to the appellant's failure to pay the required docketing fee. The court ruled that this failure to prosecute constituted a procedural default under Federal Circuit Rule fifty-two.
This case originated as an appeal from the United States Court of Federal Claims in case number one twenty-five civil zero zero four nine zero, before Judge Kathryn C. Davis. Gustavo Burga filed a notice of appeal against the United States.
The court’s reasoning
The court found that the appellant failed to pay the docketing fee required by Federal Circuit Rule fifty-two subsection d within the time permitted by the rules. Consequently, the court ordered the notice of appeal dismissed for failure to prosecute in accordance with the rules.
What it means going forward
The dismissal terminates the appellate proceedings without a decision on the merits of the underlying claim.
