Brown v. Abney

Case: 26-1979 Document: 4 Page: 1 Filed: 09/21/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

MADELINE NICOLE BROWN,

Plaintiff-Appellant v.

DANIEL EUGENE ABNEY,

Defendant-Appellee ______________________ 2026-1979 ______________________

Appeal from the United States District Court for the Northern District of Texas in No. 3:24-cv-01109-B-BN, Judge Jane J. Boyle.

______________________

PER CURIAM.

ORDER

No party having filed a response to the court’s July 23, 2026, show cause order, we now dismiss.

In May 2024, the district court entered judgment dis- missing Madeline Nicole Brown’s complaint, and the United States Court of Appeals for the Fifth Circuit dis- missed her appeals as untimely. On May 8, 2026, Ms. Brown filed a submission at the district court, which that court docketed as a notice of appeal directed to this court. Case: 26-1979 Document: 4 Page: 2 Filed: 09/21/2026 2 BROWN v. ABNEY

To be timely, a notice of appeal must be received by the district court within 30 days of the entry of a final judg- ment being appealed, see 28 U.S.C. § 2107(a); Fed. R. App. P. 4. The statutory deadline for taking an appeal from dis- trict courts is mandatory and jurisdictional, and courts have no authority to make equitable exceptions. See Bowles v. Russell, 551 U.S. 205, 209, 214 (2007). Here, Ms. Brown’s appeal from the district court’s May 2024 judg- ment is nearly two years late. Because no court of appeals would have jurisdiction over this clearly untimely appeal, we dismiss.

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

FOR THE COURT September 21, 2026

Date