Garcia v. DVA

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit ROMANA A. GARCIA, C'laiman,t-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Resp0nden,t-Appellee. 2010-7117 Appea1 from the United States Court of Appea1S for Veterans C1ai1nS in case no. 07-2625, Chief Judge Wil1ian1 P. Greene, Jr. ORDER Up0n review of this recently docketed appea1, it ap- pears that R0mana A. Ga1'cia’S appeal was not timely filed On February 23, 2010, the United States Court of Ap- peals for Veterans C1ain1s entered judgment in Garcia’s case. The court received Garcia’s notice of appeal on Ju1y 16, 2010, 143 days after the date of judgment GARCIA 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 ls ORDERED THAT: (1) Garcia is directed to show cause, within 45 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 ti1ne. (2) The briefing schedule is stayed FoR THE CoURT AUG 24 2010 /s/ J an Horbaly Date J an Horbaly Clerk cc: Romana A. Garcia Joseph A. Pixley, Esq. F"_Eo u.s. count 0F APPEA1s FoR 319 Tl-le FEoEaAL c1Rcu\T AUG 24 2010 .lAN HORBAL¥ CLERK