NOTE: This order is nonprecedential.

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EMON DAWKINS, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2012-7105

Appeal from the United States Court of Appeals for Veterans Claims in case no. 09-665, Judge Lawrence B. Hagel.

ON MOTION

Before LOURIE, SCHALL and DYK, Circuit Judges. PER CURIAM. ORDER Emon Dawkins responds to the court's May 14, 2012 order requiring him to show cause why his appeal should not be dismissed as untimely. The Secretary of Veterans Affairs ("Secretary") also responds, which this court DAWKINS v. SHINSEKI 2

construes as a motion to dismiss this appeal for lack of jurisdiction. The Court of Appeals for Veterans Claims entered judgment in this case on February 2, 2012. The court received Dawkins's notice of appeal on April 5, 2012, 63 days after the date ofthe judgment. Any appeal from the Court of Appeals for Veterans Claims must be received within 60 days of the date of entry of judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(I). The statutory deadline for taking an appeal to this court is jurisdictional and mandatory. See Bowles v. Russell, 551 U.S. 205 (2007); see also Henderson v. Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (noting Congress's intent to impose the same jurisdictional restrictions on an appeal from the Veterans Court to the Federal Circuit as on an appeal from a district court to a court of appeals). Dawkins argues that his late filing was due to his inability to receive legal advice. However, this court "has no authority to create equitable exceptions to jurisdic- tional requirements," even if such "rigorous rules ... are thought to be inequitable[.]" Bowles, 551 U.S. at 214. Because this appeal was not received within the statutory period, we must dismiss. Accordingly, IT Is ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT AUG 02 2m2 lsI Jan Horbaly Date Jan Horbaly Clerk

COUl\n~'l~PEAlSU1TfOR u.s.THE FEDERAL eiRe AUG 022012 JANHORBALY CLERK 3 DAWKINS V. SHINSEKI

cc: Emon Dawkins Richard Schroeder, Esq. s25