NOTE: This order is nonprecedential.

Wniteb ~tate~ (!Court of §ppeaI~ for !be jfeberaI (!Circuit

SALVATORE F. STALLONE, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2012-7036

Appeal from the United States Court of Appeals for Veterans Claims in case no. 09-3988, Judge Alan G. Lance, Sr.

ON MOTION

ORDER Upon review of this recently docketed appeal, it ap- pears that Salvatore F. Stallone's appeal was not timely filed. On October 7, 2011, the United States Court of Ap- peals for Veterans Claims entered judgment in Stallone's case. According to the court's docket sheet, that court STALLONE v. DVA 2

received Stallone's notice of appeal on December 8, 2011, 62 days after the date of judgment. To be timely, a notice of appeal must be received by the Court of Appeals for Veterans Claims within 60 days of the entry of judgment. See 38 U.s.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). Accordingly, IT Is ORDERED THAT: (1) Stallone is directed to show cause, within 30 days of the date of filing of this order why this appeal should not be dismissed as untimely. The Secretary of Veterans Affairs may also respond within that time. (2) The briefing schedule is stayed. FOR THE COlffiT

JAN 092012 lsI Jan Horbaly Date Jan Horbaly Clerk FILED u.s. COURT OF APPEAlS FOR THE FEOERAL CIRCUIT cc: Peter J. Meadows, Esq. Jeanne E. Davidson, Esq. JAN 092012 s24 JAN HORBAlY CLERK