Jones v. Peake
Opinion of the Court
ORDER
We consider whether Rayford S. Jones’s appeal should be dismissed as untimely filed.
Jones’ appeal was due within 60 days of the date of entry of judgment. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R.App. P. 4(a)(1). Because the notice of appeal was not timely filed, the appeal must be dismissed for lack of jurisdiction. See Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement).
Accordingly,
IT IS ORDERED THAT:
(1) Jones’s appeal is dismissed as untimely.
(2) Each side shall bear its own costs.
Reference
- Full Case Name
- Rayford S. JONES, Claimant-Appellant v. James B. PEAKE, M.D., Secretary of Veterans Affairs
- Status
- Published