Garcia v. Shinseki

NOTE: This order is nonprecedential. United States Court of A11peaIs for the Federal Circuit AVELARDO GARCIA, Claim,ant-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respon,cient-"Appellee. 2011-7023 Appeal from the United States Court of Appeals for Veterans Claims in case n0. 10-1449, Judge Kenneth B. Kra1ner. ORDER Up0n review of this recently docketed appeal, the court considers whether Avelardo Garcia should be directed to show cause why his appeal should not be dismissed as untimely filed The Court of Appeals for Veterans Claims entered judgment in this case on July 29, 2010. The docket sheet of the Court of Appeals for Veterans Clairns indicates that that court received Garcia’s notice of appeal on October 15, 2010, or 78 days after entry of judgment [2] Any appeal of the judgment had to be received by the Court of Appeals for Veterans C1aims within 60 days of the date of entry of judgment 38 U.S.C. § 7292 (a); 28 U.S.C. § 2107 (b); Fed. R. App. P. 4(a)(1). If the notice of appeal was untimely t`1led, we do not have jurisdiction and this appeal must be dismissed See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed. Cir. 1983). Accordingly, IT ls 0RDERED THAT: (1) Garcia is directed to show cause, within 21 days of the date of filing of this order, why his appeal should not be dismissed as untimely filed (2) The briefing schedule is stayed. FOR THE CoURT NOV 2 3 wm /s/ Jan Horbaly Date J an Horbaly Clerk - ~ rs cc. Avelardo Garcia u.s_ conn ol{_,E?PFN_S mm Jeanne E. Dav1dson, Esq. THE FEDERAL ClRCulT 320 nov 23e2u1u lAN HORBALY CLERK