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24-2250•Darren L. Deflanders v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs
24-2250Court of Appeals for the Federal CircuitNov 20, 2024
N OTE: This order is nonprecedential.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, L INN, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
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: 1 Filed: 11/20/2024
-- 1 of 3 --
DEFLANDERS v. MCDONOUGH 2
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,
I T I S O RDERED T HAT :
(1) The appeal is dismissed for lack of jurisdiction.
(2) All pending motions are denied.
Case: 24-2250 Document: 7 Page: 2 Filed: 11/20/2024
-- 2 of 3 --
DEFLANDERS v. MCDONOUGH 3
(3) Each party shall bear its own costs.
November 20, 2024
Date
F OR THE COURT
Case: 24-2250 Document: 7 Page: 3 Filed: 11/20/2024
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