Usita v. Shinseki

U.S. Court of Appeals for the Federal Circuit

Usita v. Shinseki

Opinion

Case: 14-7021 Document: 2 Page: 1 Filed: 11/22/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LOIDA A. USITA, Claimant-Appellant,

v.

ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________

2014-7021 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-1560. ______________________

PER CURIAM. ORDER Upon review of this recently docketed case, it appears that Loida A. Usita’s appeal was not timely filed. On January 9, 2013, the United States Court of Ap- peals for Veterans Claims entered judgment in Usita’s case. Her notice of appeal was received on October 21, 2013; 285 days after judgment. To be timely, a notice of appeal must be received by the Court of Appeals for Veterans Claims within 60 days Case: 14-7021 Document: 2 Page: 2 Filed: 11/22/2013

2 USITA v. SHINSEKI

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) Usita 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

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s26

Reference

Status
Unpublished