Full text
Deflanders v. McDonough
Case: 24-2250 Document: 7 Page: 1 Filed: 11/20/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
DARREN L. DEFLANDERS, Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af- fairs, Respondent-Appellee ______________________
2024-2250 ______________________
Appeal from the United States Court of Appeals for Veterans Claims in No. 21-6124, Senior Judge Mary J. Schoelen. ______________________
ON MOTION ______________________
Before REYNA, LINN, and STOLL, Circuit Judges. PER CURIAM. ORDER In response to the court’s September 17, 2024 show cause order, the Secretary of Veterans Affairs urges dis- missal. Darren L. DeFlanders has not filed a response.
Case: 24-2250 Document: 7 Page: 2 Filed: 11/20/2024 2 DEFLANDERS v. MCDONOUGH
Mr. DeFlanders filed a document construed as a notice of appeal from two proceedings before the United States Court of Appeals for Veterans Claims: No. 23-9002A and No. 21-2124. As for the former, relating to a complaint of judicial misconduct before that court, we lack jurisdiction. See 38 U.S.C. § 7253; 28 U.S.C. § 357(c) (“[A]ll orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially re- viewable on appeal or otherwise.”). As for the latter, judgment was entered on March 14, 2024, and the court does not appear to have re- ceived Mr. DeFlanders’s notice of appeal until July 30, 2024 (Mr. DeFlanders has not identified any ear- lier notice of appeal from that proceeding). To be timely, a notice of appeal must ordinarily be received within 60 days of entry of that court’s judgment. Because Mr. DeFlan- ders’s appeal is untimely, we lack jurisdiction and there- fore must dismiss. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(D); Wagner v. Shinseki, 733 F.3d 1343, 1348 (Fed. Cir. 2013); see also Henderson v. Shinseki, 562 U.S. 428, 438–39 (2011). Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed for lack of jurisdiction. (2) All pending motions are denied.
Case: 24-2250 Document: 7 Page: 3 Filed: 11/20/2024 DEFLANDERS v. MCDONOUGH 3
(3) Each party shall bear its own costs. FOR THE COURT
November 20, 2024 Date