Broxsie v. Dept. Of Veterans Affairs

• Court: Court of Appeals for the Federal Circuit
• Decided: June 21, 2012
• Docket: 2012-7131
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

ERNESTINE H. BROXSIE, Claimant-Appellant,

V.

ERIC K. SHINSEK], Secretary of Veterans Affairs, Respondent-Appellee.

2012-7131

Appeal from the United States Court of Appeale for Veterans Claims in case no. 10-4324, Judge Ronald M. Holdaway.

ORDER

Upon review of this recently docketed appeal, it ap- pears that Ernestine H. Broxsie’s appeal was not timely filed.

0n March 16, 2012, the United States Court of Ap- peals for Veterans Claims entered judgment in Broxsie’s case. The court received Broxsie’s notice of appeal on May 22, 2012, 67 days after the date of the judgment

To be timely filed, a notice of appeal must be received within 60 days of the entry of judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1).

ERNESTINE BROXSIE V. SHINSEKI 2 Upon consideration thereof, lT IS ORDERED THAT§

(1) Broxsie is directed to show cause within 30 days of the date of this order why her appeal should not be dismissed as untimely. The Secretary may also respond within that time.

(2) The brieEng schedule is stayed.

FoR THE CoUR'r

JUN 2 1 2012

/s/ J an Horbaly Date J an Horbaly

Clerk

cc: Ernestine H. Broxsie

Joseph A. Pixley, Esq. LEp 325 "e.~.=.°gzefirimlc.ncurro“ JUN 2 l 2012

JAN HUHBALV ClERK