Saoy-Cinco v. Shinseki ( 2012 )


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  •           NOTE: This order is nonprecedential.
    mnfteb ~tate~ ~ourt of ~peaI~
    for tbe jfeberaI ~frtuft
    PERPETUA SAOY-CINCO,
    Claimant-Appellant,
    v.
    ERIC K. SHINSEKI, SECRETARY OF VETERANS
    AFFAIRS,
    Respondent-Appellee.
    2012-7027
    Appeal from the United States Court of Appeals for
    Veterans Claims in 10-1902, Judge Kenneth B. Kramer.
    ON MOTION
    ORDER
    Upon review of this recently docketed appeal, it ap-
    pears that Perpetua Saoy-Cinco's appeal was not timely
    filed.
    On September 20, 2011, the United States Court of
    Appeals for Veterans Claims entered judgment in Saoy-
    Cinco's case. The court received Saoy-Cinco's notice of
    appeal on November 22, 2011, 63 days after the date of
    judgment.
    SAOY-CINCO 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 Is ORDERED THAT:
    (1) Saoy-Cinco is directed to show cause, within 60
    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 1 -, 2012                   lsI Jan Horbaly
    Date                        Jan Horbaly.
    Clerk
    cc: Perpetua Saoy-Cinco
    Tara K. Hogan, Esq.                               FILED
    u.s. COURT OF APPEALS FOR
    s19                                             THE FEDERAL CIRCUIT
    JAN 172012
    JANHORBALY
    ClERK
    

Document Info

Docket Number: 2012-7027

Filed Date: 1/17/2012

Precedential Status: Non-Precedential

Modified Date: 4/17/2021