Joe Pena v. DOUGLAS A. COLLINS, Secretary of Veterans Af- fairs

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOE PENA,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2025-1092
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 24-2579, Judge Coral Wong Pi-
etsch.
______________________
ON MOTION
______________________
Before TARANTO, STOLL, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
Joe Pena has filed an appeal seeking review of an order
of the United States Court of Appeals for Veterans Claims
granting the Secretary of Veterans Affairs’s motion for an
extension of time to file his brief. In response to this court’s
Case: 25-1092 Document: 20 Page: 1 Filed: 02/27/2025

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PENA v. COLLINS 2
November 18, 2024 show cause order, the Secretary of Vet-
erans Affairs urges dismissal of this appeal as premature.
Mr. Pena argues against dismissal.
Under 38 U.S.C. § 7292(a), we have exclusive jurisdic-
tion over a “decision” of the Court of Appeals for Veterans
Claims. Consistent with longstanding traditions of the fed-
eral courts system and to help “avoid unnecessary piece-
meal appellate review,” our cases have “generally declined
to review non-final orders of the Veterans Court,” Williams
v. Principi, 275 F.3d 1361, 1363–64 (Fed. Cir. 2002) (cita-
tions omitted), which includes an order granting an exten-
sion of time. We see no basis to depart from that approach
here. Nor are we persuaded that § 7292(b)(1) serves as the
jurisdictional basis for this appeal. That only applies
where the Chief Judge of the Court of Appeals for Veterans
Claims has certified an interlocutory order for appeal,
which has not occurred here. Mr. Pena may seek this
court’s review by filing a timely notice of appeal after a fi-
nal decision has been entered in his case.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied as moot.
Case: 25-1092 Document: 20 Page: 2 Filed: 02/27/2025

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PENA v. COLLINS 3
(3) Each side shall bear its own costs.
February 27, 2025
Date
FOR THE COURT
Case: 25-1092 Document: 20 Page: 3 Filed: 02/27/2025

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