Pena v. Collins
Pena v. Collins
Opinion
Case: 25-1092 Document: 20 Page: 1 Filed: 02/27/2025
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
JOE PENA, Claimant-Appellant
v.
DOUGLAS A. COLLINS, Secretary of Veterans Af- fairs, Respondent-Appellee ______________________
2025-1092 ______________________
Appeal from the United States Court of Appeals for Veterans Claims in No. 24-2579, Judge Coral Wong Pi- etsch. ______________________
ON MOTION ______________________
Before TARANTO, STOLL, and STARK, Circuit Judges. PER CURIAM. ORDER Joe Pena has filed an appeal seeking review of an order of the United States Court of Appeals for Veterans Claims granting the Secretary of Veterans Affairs’s motion for an extension of time to file his brief. In response to this court’s Case: 25-1092 Document: 20 Page: 2 Filed: 02/27/2025
2 PENA v. COLLINS
November 18, 2024 show cause order, the Secretary of Vet- erans Affairs urges dismissal of this appeal as premature. Mr. Pena argues against dismissal. Under 38 U.S.C. § 7292(a), we have exclusive jurisdic- tion over a “decision” of the Court of Appeals for Veterans Claims. Consistent with longstanding traditions of the fed- eral courts system and to help “avoid unnecessary piece- meal appellate review,” our cases have “generally declined to review non-final orders of the Veterans Court,” Williams v. Principi, 275 F.3d 1361, 1363–64 (Fed. Cir. 2002) (cita- tions omitted), which includes an order granting an exten- sion of time. We see no basis to depart from that approach here. Nor are we persuaded that § 7292(b)(1) serves as the jurisdictional basis for this appeal. That only applies where the Chief Judge of the Court of Appeals for Veterans Claims has certified an interlocutory order for appeal, which has not occurred here. Mr. Pena may seek this court’s review by filing a timely notice of appeal after a fi- nal decision has been entered in his case. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) All pending motions are denied as moot. Case: 25-1092 Document: 20 Page: 3 Filed: 02/27/2025
PENA v. COLLINS 3
(3) Each side shall bear its own costs. FOR THE COURT
February 27, 2025 Date
Reference
- Status
- Unpublished