Opinion
No. 2010-7118.
August 24, 2010.
Appeal from the United States Court of Appeals for Veterans Claims in case no. 08-1348, Judge Bruce E. Kasold.
ORDER
Upon review of this recently docketed appeal, it appears that Fred L. Felder's appeal was not timely filed.
On November 9, 2009, the United States Court of Appeals for Veterans Claims entered judgment in Felder's case. The court received Felder's notice of appeal on July 15, 2010, 241 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)(1).
Accordingly,
IT Is ORDERED THAT:
(1) Felder is directed to show cause, within 21 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.