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Blashford v. Shinseki

United States Court of Appeals for the Federal Circuit
Jun 5, 2013
516 F. App'x 922 (Fed. Cir. 2013)

Opinion

2013-7094

06-05-2013

MICHAEL W. BLASHFORD, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.


NOTE: This order is nonprecedential.

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-0575, Chief Judge Bruce E. Kasold.

Before NEWMAN, Circuit Judge.


ORDER

The United States Court of Appeals for Veterans Claims ("Veterans Court") received Michael Blashford's notice of appeal on April 18, 2013. Judgment was entered by the Veterans Court on February 6, 2013. As such, a total of 71 days had elapsed between judgment and receipt of the appeal.

A notice of appeal of a decision of the Veterans Court must be filed within 60 days after that court's entry of judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107. See also Fed. Cir. R. 4 (Practice Note). Thus, it appears that this appeal is untimely and must be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1) Mr. Blashford is directed to show cause, within 14 days of the date of filing of this order, as to why his appeal should not be dismissed as untimely. The Secretary may also respond by that date.

(2) The briefing schedule is stayed.

FOR THE COURT

_______________

Jan Horbaly

Clerk
s25


Summaries of

Blashford v. Shinseki

United States Court of Appeals for the Federal Circuit
Jun 5, 2013
516 F. App'x 922 (Fed. Cir. 2013)
Case details for

Blashford v. Shinseki

Case Details

Full title:MICHAEL W. BLASHFORD, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY…

Court:United States Court of Appeals for the Federal Circuit

Date published: Jun 5, 2013

Citations

516 F. App'x 922 (Fed. Cir. 2013)