Opinion
2012-7166
09-25-2012
FLORA S. LEYGA, 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NOTE: This order is nonprecedential.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 10-3290, Judge Donald L. Ivers.
ORDER
Upon review of this recently docketed appeal, it appears that Flora S. Leyga's appeal was not timely filed.
On May 4, 2012, the United States Court of Appeals for Veterans Claims entered judgment in Leyga's case. The court received Leyga's notice of appeal on August 13, 2012, 101 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) Leyga is directed to show cause, within 30 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.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Flora S. Leyga
David S. Silverbrand, Esq.
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