Canty v. Shinseki ( 2013 )


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  • Case: 13-7053    Document: 4     Page: 1   Filed: 02/11/2013
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    __________________________
    LARRY J. CANTY,
    Claimant-Appellant,
    v.
    ERIC K. SHINSEKI, SECRETARY OF VETERANS
    AFFAIRS,
    Respondent-Appellee.
    __________________________
    2013-7053
    __________________________
    Appeal from the United States Court of Appeals for
    Veterans Claims in case no. 11-1521, Judge William A.
    Moorman.
    __________________________
    ORDER
    Upon review of this recently docketed appeal, it ap-
    pears that Larry J. Canty’s appeal was not timely filed.
    On November 7, 2012, the United States Court of Ap-
    peals for Veterans Claims entered judgment in Canty’s
    case. The court received Canty’s notice of appeal on
    January 16, 2013, 70 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
    Case: 13-7053        Document: 4   Page: 2   Filed: 02/11/2013
    LARRY CANTY   v. SHINSEKI                                  2
    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) Canty 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 COURT
    /s/ Jan Horbaly
    Jan Horbaly
    Clerk
    s26
    

Document Info

Docket Number: 2013-7053

Filed Date: 2/11/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021