McIver v. McDonough

Case: 24-1967 Document: 14 Page: 1 Filed: 10/01/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ JIMMIE MCIVER, Plaintiff-Appellant v.

DENIS MCDONOUGH, Secretary of Veterans Af- fairs, Defendant-Appellee ______________________

2024-1967 ______________________

Appeal from the United States District Court for the District of Columbia in No. 1:17-cv-01893-RC, Judge Ru- dolph Contreras.

______________________

Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

ORDER

In response to this court’s July 25, 2024 show cause or- der, the Secretary of Veterans Affairs urges dismissal of this appeal as untimely. Jimmie McIver has not re- sponded.

Mr. McIver filed the underlying complaint asserting employment discrimination by the Department of Veterans Affairs. On November 15, 2018, the district court Case: 24-1967 Document: 14 Page: 2 Filed: 10/01/2024 2 MCIVER v. MCDONOUGH dismissed the complaint for lack of jurisdiction. On June 14, 2024, Mr. McIver filed a notice of appeal directed to this court from the November 15, 2018 decision.

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell, 551 U.S. 205, 214 (2007). Because no court of appeal would have jurisdiction over an appeal filed over five years after the judgment being appealed, we dismiss.

Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT October 1, 2024

Date