Case: 13-7094 Document: 12 Page: 1 Filed: 07/19/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MICHAEL W. BLASHFORD,
Claimant-Appellant,
v.
Eric K. Shinseki, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2013-7094
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 11-0575, Chief Judge Bruce E.
Kasold.
______________________
PER CURIAM.
ORDER
The parties respond to the court’s June 5, 2013 show
cause order.
On February 6, 2013, the United States Court of Ap-
peals for Veterans Claims (“Veterans Court”) entered
judgment in Michael W. Blashford’s case. The Veterans
Court received Mr. Blashford’s notice of appeal on
April 18, 2013, 71 days after the date of judgment.
Case: 13-7094 Document: 12 Page: 2 Filed: 07/19/2013
2 MICHAEL BLASHFORD v. SHINSEKI
To be timely, a notice of appeal must be filed with the
Veterans Court 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). The statutory deadline for taking an appeal to
this court is jurisdictional and thus mandatory. Hender-
son v. Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (noting
that the language of Section 7292(a) “clearly signals an
intent” to impose the same jurisdictional restrictions on
an appeal from the Veterans Court to the Federal Circuit
as imposed on appeals from a district court to a court of
appeals); see also Bowles v. Russell, 551 U.S. 205 (2007).
Mr. Blashford is incarcerated at the Mayo Correction-
al Institution in Mayo, Florida. As a prisoner, his notice
of appeal would be timely filed if he had placed it in the
prison mail system on or before the last day for filing. See
Fed. R. App. P. 4(c). Federal Rule of Appellate Procedure
4(c) states that “[t]imely filing may be shown by a decla-
ration in compliance with 28 U.S.C. § 1746 or by a nota-
rized statement, either of which must set forth the date of
deposit and state that first-class postage has been pre-
paid.” No such declaration has yet been submitted.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Within 21 days of this order, Mr. Blashford may,
if appropriate, file a declaration in compliance with
28 U.S.C. § 1746 or a notarized statement as set forth in
Fed. R. App. P. 4(c).
(2) The Secretary may respond within 14 days there-
after.
(3) The briefing schedule is stayed.
Case: 13-7094 Document: 12 Page: 3 Filed: 07/19/2013
MICHAEL BLASHFORD v. SHINSEKI 3
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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