Collins v. Nicholson

Note: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-7378
JOHNNIE COLLINS,
Claimant-Appellant,
v.
R. JAMES NICHOLSON, Secretary of Veterans Affairs,
Respondent-Appellee.
James L. Harris, of Nashville, Tennessee, for claimant-appellant.
Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil
Division, United States Department of Justice, of Washington, DC, for respondent-
appellee. With him on the brief was Peter D. Keisler, Assistant Attorney General. Of
counsel on the brief were Michael J. Timinski, Assistant General Counsel.
Appealed from: United States Court of Appeals for Veterans Claims
Chief Judge William P. Greene, Jr.
Note: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-7378
JOHNNIE M. COLLINS,
Claimant-Appellant,
v.
R. JAMES NICHOLSON, Secretary of Veterans Affairs,
Respondent-Appellee.
__________________________
DECIDED: June 11, 2007
__________________________
Before MICHEL, Chief Judge, DYK, Circuit Judge, and OTERO, District Judge. ∗
MICHEL, Chief Judge.
Petitioner Johnnie M. Collins appeals from an en banc decision of the U.S. Court
of Appeals for Veterans Claims (“Veterans Court”) dismissing Mr. Collins’s appeal on
the ground that his Notice of Appeal was not timely filed under 38 U.S.C. § 7266(c).
Rios v. Nicholson, 20 Vet. App. 104 (2006) (en banc). Because the Veterans Court
erred by precluding Mr. Collins from relying upon the common law mailbox rule to show
timely filing, we reverse and remand for further proceedings consistent with our decision
in Rios v. Nicholson, No. 2006-7352 (Fed. Cir. June 11, 2007).
REVERSED AND REMANDED.
∗
Honorable S. James Otero, District Judge, United States District Court for
the Central District of California, sitting by designation.