Desmore v. Shinseki

• Court: Court of Appeals for the Federal Circuit
• Decided: September 16, 2010
• Docket: 2010-7135
• Status: Unpublished

Opinion

NOTE: This order is n0nprecedential. United States Court of Appeals for the FederaI Circuit EDWARD S. DESMORE, SR., Claiman,t-Appello:nt, v. _ ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, ` Respondent-Appellee. 2010-7135 Appea1 from the United States Court of Appea1s for Veterans C1aims in case no. 08-2488, Judge Mary J. Schoelen. ORDER Upon review of this recently docketed appeal, the court considers whether Edward S. Desmore, Sr. should be directed to show cause why his appeal should not be dismissed as untimely filed The United States Court of Appea1s for Veterans C1aims entered judgment in this case on June 15, 2010. The docket sheet of the Court of Appea1s for Veterans Clairns indicates that Desm0re filed his notice of appeal on August 20, 2010, or 66 days after entry of judgment

DESMORE V. DVA 2 Any appeal of the judgment had to be received by the Court of Appeals for Veterans Claims 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)(1). If the notice of appeal was untimely filed, we do not have jurisdiction and this appeal must be dismissed See B0wles v. Russell, 551 U.S. __, 127 S.Ct. 2360 (2(}07) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement); S0farelZi Assoc., Inc. v. United States, 716 F.2d 1395 (Fed. Cir. 1983). According1y, IT ls ORDERE:o THAT: (1) Des1nore is directed to show cause within 21 days of the date of filing of this order why his appeal should not be dismissed as untimely filed. (2) The briefing schedule is stayed ' FoR THE COUR'1‘ SEP 1 6 '-2010 lsi J an Horbaly Date J an Horbaly Clerk cc: EdWard S. Des1nore, Sr. Michael N. O’Connell, Jr., Esq. saved §&EPsm.s ma 329 ' ins sen cmcurr sep 16 2010 .lAN HORBALY CLERK