Case: 12-7166 Document: 5 Page: 1 Filed: 09/25/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ ~ourt of §ppeaI~ for tbe jfeberaI ~irtuit

FLORA s. LEYGA, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2012-7166

Appeal from the United States Court of Appeals for Veterans Claims in 10-3290, Judge Donald L. Ivers.

ORDER Upon review of this recently docketed appeal, it ap- pears that Flora S. Leyga's appeal was not timely filed. On May 4, 2012, the United States Court of Appeals for Veterans Claims entered judgment in Leyga's case. The court received Leyga's notice of appeal on August 13, 2012, 101 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)(I). Case: 12-7166 Document: 5 Page: 2 Filed: 09/25/2012

FLORA LEYGA v. SHINSEKI 2

Accordingly, IT Is ORDERED THAT: (1) Leyga 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 COURT

SEP 25 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Flora S. Leyga David S. Silverbrand, Esq. couRft~~ u.s.THE FEDERAL CIRCUlTFOR s26 SEP 25 LUll JANHORBAlY CLERK