consider whether Wallace’s petition should be construed as a notice of appeal. Wallace also moves for leave to proceed in forma pauperis. Wallace filed a complaint in the United States Court of Federal Claims, alleging, among other things, that his bankruptcy proceeding amounted to an unlawful taking -of his property. The Court of Federal Claims dismissed Wallace’s complaint on the grounds that it lacked jurisdiction to review a determination of another federal court. This petition for writ of mandamus followed. Although Wallace’s petition is clearly intended as a request for relief in the form of a writ of mandamus, the court has broad discretion to consider whether such filing constitutes a notice of appeal. See Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (<HOLDING>). In order to appeal a judgment of the Court of
holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal holding that courts should look at the notice afforded by a document rather than a litigants motivation in filing to determine whether a document constitutes a notice of appeal holding that the notice afforded by a document determines its sufficiency as a notice of appeal holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint holding that notice to the attorney of record constitutes notice to the petitioner