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Case: 24-1292 Document: 7-1 Page: 1 Filed: 03/22/2024
`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`CHARLIE J. JACKSON,
`Claimant-Appellant
`
`v.
`
`DENIS MCDONOUGH, Secretary of Veterans Af-
`fairs,
`Respondent-Appellee
`______________________
`
`2024-1292
`______________________
`
`Appeal from the United States Court of Appeals for
`Veterans Claims in No. 23-3623, Chief Judge Margaret C.
`Bartley, Judge William S. Greenberg, and Judge Joseph L.
`Toth.
`
`______________________
`
`Before DYK, WALLACH, and CUNNINGHAM, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`In response to the court’s January 22, 2024 show cause
`
`order, Charlie J. Jackson urges the court to excuse his un-
`timely-filed notice of appeal. The Secretary of Veterans Af-
`fairs has not responded.
`
`The United States Court of Appeals for Veterans
`Claims entered final judgment in this case on October 6,
`
`
`
`
`
`

`

`Case: 24-1292 Document: 7-1 Page: 2 Filed: 03/22/2024
`
`2
`
`
`
`JACKSON v. MCDONOUGH
`
`2023. The Veterans Court received Mr. Jackson’s notice of
`appeal 74 days later on December 19, 2023.
`
`To be timely, a notice of appeal must be filed within 60
`days of the entry of judgment. 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). As with appeals from district courts, the statu-
`torily prescribed time for filing appeals from the Veterans
`Court is jurisdictional, meaning that we cannot take ac-
`count 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 Mr.
`Jackson’s notice of appeal was not filed within 60 days of
`the judgment of the Veterans Court, this court lacks juris-
`diction and must dismiss.*
`
`Accordingly,
`
`IT IS ORDERED THAT:
`
`(1) The appeal is dismissed.
`
`
`* The court notes that Mr. Jackson’s notice of appeal,
`filed with the Veterans Court within 30 days after the time
`to appeal expired, appears to argue that he was not timely
`served with the Veterans Court’s judgment. ECF No. 1-2
`at 1. We deem it appropriate to transmit this order to the
`Veterans Court for it to consider whether Mr. Jackson’s
`submission could be construed as a motion for that court to
`extend the time to appeal and, if so, whether such relief is
`appropriate. See 28 U.S.C. § 2107(c), Fed. R. App. P.
`4(a)(5); cf. 38 U.S.C. § 7292(a).
`
`

`

`Case: 24-1292 Document: 7-1 Page: 3 Filed: 03/22/2024
`
`JACKSON v. MCDONOUGH
`
` 3
`
`(2) Each party shall bear its own costs.
`
`(3) The Clerk of Court is directed to transmit a copy of
`
`this order and ECF No. 1-2 to the United States Court of
`Appeals for Veterans Claims for its consideration.
`FOR THE COURT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`March 22, 2024
` Date
`
`
`
`cc: United States Court of Appeals for Veterans Claims
`
`
`
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`
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`

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