Burford Earl Frederick v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BURFORD EARL FREDERICK,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2024-1539
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 20-2112, Judge Scott Laurer.
______________________
ON MOTION
______________________
Before STOLL, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
The Secretary of Veterans Affairs moves to waive the
requirements of Federal Circuit Rule 27(f) and to dismiss
this appeal for lack of jurisdiction on timeliness grounds.
Case: 24-1539 Document: 13 Page: 1 Filed: 06/25/2024

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FREDERICK v. MCDONOUGH 2
ECF No. 9. Burford Earl Frederick states that he wants to
“continue to pursue his appeal.” ECF No. 10 at 1.1
The United States Court of Appeals for Veterans
Claims entered judgment in this case on May 27, 2021, and
received Mr. Frederick’s notice of appeal 999 days later on
February 20, 2024. To be timely, a notice of appeal must
be “within the time and in the manner prescribed for ap-
peal” from a district court to a court of appeals, which is 60
days. 38 U.S.C. § 7292(a); see 28 U.S.C. § 2107(b); Fed. R.
App. P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(D). Like appeals
from district courts, the statutorily prescribed time for fil-
ing appeals from the Court of Appeals for Veterans Claims
is jurisdictional. See Wagner v. Shinseki, 733 F.3d 1343,
1348 (Fed. Cir. 2013); see also Henderson v. Shinseki, 562
U.S. 428, 438–39 (2011) (“Because the time for taking an
appeal from a district court to a court of appeals in a civil
case has long been understood to be jurisdictional, th[e]
language [of § 7292(a)] clearly signals an intent to impose
the same restrictions on appeals from the [Court of Appeals
for Veterans Claims] to the Federal Circuit.” (citation omit-
ted)). Because Mr. Frederick’s notice of appeal was not
filed within 60 days of the judgment, this court lacks juris-
diction and must dismiss.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The Secretary’s motion to dismiss, ECF No. 9, is
granted to the extent that the appeal is dismissed.
(2) ECF No. 3 is deemed withdrawn.
1 Mr. Frederick also asks the court to “dismiss his
motion to expedite review of his appeal.” Id. That motion,
ECF No. 3, is deemed withdrawn.
Case: 24-1539 Document: 13 Page: 2 Filed: 06/25/2024

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FREDERICK v. MCDONOUGH 3
(3) Each side shall bear its own costs.
June 25, 2024
Date
FOR THE COURT
Case: 24-1539 Document: 13 Page: 3 Filed: 06/25/2024

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