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Clemmons v. Shinseki

United States Court of Appeals for the Federal Circuit
Mar 27, 2014
559 F. App'x 1033 (Fed. Cir. 2014)

Opinion

2014-7041

03-27-2014

ALFRED CLEMMONS, 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NOTE: This order is nonprecedential.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. 08-3584, Judge William P. Greene, Jr.

ON MOTION


Before PROST, O'MALLEY, and TARANTO, Circuit Judges.

PER CURIAM.

ORDER

The Secretary of Veterans Affairs moves to dismiss this appeal as untimely. The appellant has not responded.

On July 8, 2010, the United States Court of Appeals for Veterans Claims ("Veterans Court") entered judgment in Alfred Clemmons's case. The Veterans Court received Clemmons's notice of appeal on January 2, 2014, more than 3 years after the date of judgment.

To be timely, a notice of appeal must be received by the Veterans Court 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). Like appeals from district courts, the statutorily prescribed time for filing appeals from the Veterans Court to this court is mandatory and jurisdictional. See Wagner v. Shinseki, 733 F.3d 1343, 1348 (Fed. Cir. 2013); see also Henderson v. Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (indicating jurisdictional restrictions on the time for taking an appeal under section 7292(a)). Accordingly, even in circumstances in which it would be equitable to do so, this court is without authority to waive the deadline for filing an appeal to this court from the Veterans Court. See Bowles v. Russell, 551 U.S. 205, 214 (2007).

Because Clemmons's appeal was filed outside of the statutory deadline for taking an appeal to this court, we must dismiss the appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.
(2) Each side shall bear its own costs.

FOR THE COURT

__________

Daniel E. O'Toole

Clerk
s25


Summaries of

Clemmons v. Shinseki

United States Court of Appeals for the Federal Circuit
Mar 27, 2014
559 F. App'x 1033 (Fed. Cir. 2014)
Case details for

Clemmons v. Shinseki

Case Details

Full title:ALFRED CLEMMONS, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF…

Court:United States Court of Appeals for the Federal Circuit

Date published: Mar 27, 2014

Citations

559 F. App'x 1033 (Fed. Cir. 2014)