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Jones v. Peake

United States Court of Appeals, Federal Circuit
Jul 18, 2008
313 F. App'x 316 (Fed. Cir. 2008)

Opinion

No. 2008-7102.

July 18, 2008.

Appeal from the United States Court of Appeals for Veterans Claims in 04-1686, Judge Mary J. Schoelen.

Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.


ORDER


We consider whether Rayford S. Jones's appeal should be dismissed as untimely filed.

The Court of Appeals for Veterans Claims entered judgment in this case on December 26, 2007. The docket sheet of the Court of Appeals for Veterans Claims indicates that Jones filed his notice of appeal on March 19, 2008, or 84 days after entry of judgment.

Jones' appeal was due within 60 days of the date of entry of judgment. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed.R.App.P. 4(a)(1). Because the notice of appeal was not timely filed, the appeal must be dismissed for lack of jurisdiction. See Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement).

Accordingly,

IT IS ORDERED THAT:

(1) Jones's appeal is dismissed as untimely.

(2) Each side shall bear its own costs.


Summaries of

Jones v. Peake

United States Court of Appeals, Federal Circuit
Jul 18, 2008
313 F. App'x 316 (Fed. Cir. 2008)
Case details for

Jones v. Peake

Case Details

Full title:Rayford S. JONES, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary…

Court:United States Court of Appeals, Federal Circuit

Date published: Jul 18, 2008

Citations

313 F. App'x 316 (Fed. Cir. 2008)