Garcia v. DVA ( 2010 )


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  • NOTE: This order is nonprecedential
    United States Court of AppeaIs
    for the FederaI Circuit
    ROMANA A. GARCIA,
    C'laiman,t-Appellant,
    V.
    ERIC K. SHINSEKI, SECRETARY OF VETERANS
    AFFAIRS,
    Resp0nden,t-Appellee.
    2010-7117
    Appea1 from the United States Court of Appea1S for
    Veterans C1ai1nS in case no. 07-2625, Chief Judge Wil1ian1
    P. Greene, Jr.
    ORDER
    Up0n review of this recently docketed appea1, it ap-
    pears that R0mana A. Ga1'cia’S appeal was not timely
    filed
    On February 23, 2010, the United States Court of Ap-
    peals for Veterans C1ain1s entered judgment in Garcia’s
    case. The court received Garcia’s notice of appeal on Ju1y
    16, 2010, 143 days after the date of judgment
    GARCIA V. DVA 2
    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 ls ORDERED THAT:
    (1) Garcia is directed to show cause, within 45 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 ti1ne.
    (2) The briefing schedule is stayed
    FoR THE CoURT
    AUG 24 2010
    /s/ J an Horbaly
    Date J an Horbaly
    Clerk
    cc: Romana A. Garcia
    Joseph A. Pixley, Esq. F"_Eo
    u.s. count 0F APPEA1s FoR
    319 Tl-le FEoEaAL c1Rcu\T
    AUG 24 2010
    .lAN HORBAL¥
    CLERK
    

Document Info

Docket Number: 2010-7117

Filed Date: 8/24/2010

Precedential Status: Non-Precedential

Modified Date: 4/17/2021