Case: 13-7102 Document: 4 Page: 1 Filed: 08/02/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ROBERT W. MCMILLAN,
Claimant-Appellant,
v.
Eric K. Shinseki, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
__________________________
2013-7102
__________________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 11-3003, Judge Robert N. Davis.
__________________________
ON MOTION
__________________________
Before RADER, Chief Judge, BRYSON and WALLACH, Cir-
cuit Judges.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves to dismiss
this appeal as untimely.
On March 22, 2013, the United States Court of Ap-
peals for Veterans Claims (Veterans Court) entered
Case: 13-7102 Document: 4 Page: 2 Filed: 08/02/2013
MCMILLAN v. SHINSEKI 2
judgment in Robert W. McMillan’s case. According to the
docket of the Veterans Court, the court received McMil-
lan’s notice of appeal on May 22, 2013, 61 days after the
date of judgment.
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
from the Veterans Court to this court is jurisdictional and
mandatory. Henderson v. Shinseki, 131 S. Ct. 1197, 1204-
05 (2011) (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,
209-210 (2007). Because McMillan’s appeal as to the
underlying judgment was filed outside of the statutory
deadline for taking an appeal to this court, we must
dismiss the appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The appeal is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
ISSUED AS A MANDATE: August 2, 2013
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