Morris v. Principi
Opinion of the Court
ORDER
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss William F. Morris’s appeal for lack of jurisdiction. Morris opposes.
The Court of Appeals for Veterans Claims dismissed Morris’s appeal for failure to file a brief and failure to respond to the order to show cause why his appeal should not be dismissed for failure to file a brief. Morris appealed.
Morris argues in his response and informal brief that the Court of Appeals for Veterans Claims should not have dismissed his case because he had filed a motion for an extension of time to file his brief as well as numerous other motions seeking various relief. Morris does not allege that the court’s rules are invalid. At most, his argument is that the Court of Appeals for Veterans Claims’ application of the rules to the facts of his case was improper. Such a challenge to a procedural ruling is not within this court’s limited jurisdiction. Albun v. Brown, 9 F.3d 1528 (Fed.Cir. 1993).
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary’s motion to waive the requirements of Fed. Cir. R. 27(f) is granted.
(2) The Secretary’s motion to dismiss is granted.
(3) Each side shall bear its own costs.
Reference
- Full Case Name
- William F. MORRIS, Claimant-Appellant v. Anthony J. PRINCIPI, Secretary of Veterans Affairs
- Status
- Published