Stallone v. Shinseki

NOTE: This order is nonprecedential.
Wniteb ~tate~ (!Court of §ppeaI~
for !be jfeberaI (!Circuit
SALVATORE F. STALLONE,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
2012-7036
Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-3988, Judge Alan G.
Lance, Sr.
ON MOTION
ORDER
Upon review of this recently docketed appeal, it ap-
pears that Salvatore F. Stallone's appeal was not timely
filed.
On October 7, 2011, the United States Court of Ap-
peals for Veterans Claims entered judgment in Stallone's
case. According to the court's docket sheet, that court
STALLONE v. DVA 2
received Stallone's notice of appeal on December 8, 2011,
62 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) Stallone 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 COlffiT
JAN 092012 lsI Jan Horbaly
Date Jan Horbaly
Clerk
FILED
u.s. COURT OF APPEAlS FOR
THE FEOERAL CIRCUIT
cc: Peter J. Meadows, Esq.
Jeanne E. Davidson, Esq. JAN 092012
s24 JAN HORBAlY
CLERK