Vanessa B. Jackson v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs

24-1248Court of Appeals for the Federal Circuit6 feb 2024

Testo completo

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VANESSA B. JACKSON,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2024-1248
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 22-3548, Judge Amanda L. Mere-
dith.
______________________
ON MOTION
______________________
Before L OURIE, P ROST , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
The Secretary of Veterans Affairs moves to dismiss this
appeal for lack of jurisdiction on timeliness grounds.
Vanessa B. Jackson has not responded to the motion.
Case: 24-1248 Document: 4 Page: 1 Filed: 02/06/2024

-- 1 of 2 --

JACKSON v. MCDONOUGH 2
The United States Court of Appeals for Veterans
Claims entered final judgment in this case on August 28,
2023. The Veterans Court received Ms. Jackson’s notice of
appeal 92 days later on November 28, 2023.
To be timely, a notice of appeal must be received by the
Veterans Court within 60 days of the entry of judgment.
See 38 U.S.C. § 7292(a); see also 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 Veterans Court 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)
(indicating jurisdictional restrictions on the time for taking
an appeal under section 7292(a)). Because Ms. Jackson’s
notice of appeal was not filed within 60 days of the judg-
ment of the Veterans Court, this court lacks jurisdiction
and must dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The appeal is dismissed.
(2) Each side shall bear its own costs.
February 6, 2024
Date
F OR THE COURT
Case: 24-1248 Document: 4 Page: 2 Filed: 02/06/2024

-- 2 of 2 --

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.