Case: 23-2291 Document: 11 Page: 1 Filed: 12/14/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WENDY KING,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans
Affairs,
Respondent-Appellee
______________________
2023-2291
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 21-6310, Judge Joseph L. Falvey,
Jr.
______________________
Before PROST, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
In response to this court’s September 20, 2023, show
cause order, the Secretary of Veterans Affairs urges dis-
missal of the appeal as untimely. Wendy King responds,
urging the court not to dismiss because she “told the attor-
ney [she] wanted to continue but he did not respond,” ECF
No. 8 at 2.
Case: 23-2291 Document: 11 Page: 2 Filed: 12/14/2023
2 KING v. MCDONOUGH
The United States Court of Appeals for Veterans
Claims entered judgment in this case on March 28, 2023.
The Veterans Court received Ms. King’s notice of appeal
115 days later on July 21, 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 to this court is man-
datory and jurisdictional, meaning that we cannot take
account of individual circumstances for the untimely filing.
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.
King’s notice of appeal was not filed within 60 days of the
final judgment of the Veterans Court, * we must dismiss the
appeal.
Accordingly,
* On June 30, 2023, Ms. King filed at the Veterans
Court a motion for an extension of time, see ECF No. 9, but
that court did not act on the extension motion, which was
not filed within the time window in which such a motion
could be granted. Fed. R. App. P. 4(a)(5)(A) (“The district
court may extend the time to file a notice of appeal if . . . a
party so moves no later than 30 days after the time pre-
scribed by this Rule 4(a) expires.”);
28 U.S.C. § 2107(c);
38
U.S.C. § 7292(a) (providing that appeals from the Veterans
Court “shall be obtained by filing a notice of appeal . . .
within the time and in the manner prescribed for appeal
. . . from United States district courts”).
Case: 23-2291 Document: 11 Page: 3 Filed: 12/14/2023
KING v. MCDONOUGH 3
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
December 14, 2023
Date
