Felder v. DVA

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit FRED L. FELDER, Claimant~Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. 2010-7118 Appeal from the United States Court of Appea1s for VeteranS C1aiInS in case no. 08-1348, Judge Bruce E. Kasold. ORDER Upon review of this recently docketed appeal, it ap- pears that Fred L. Fe]der’s appeal was not timely filed On November 9, 2009, the United States Court of Ap- peals for Veterans C1ai1ns entered judgment in Fe1der’S case The court received Felder’s notice of appeal on J nly 15, 2010, 241 days after the date ofjudg1nent. FELDER V. DVA 2 To be time1y, a notice of appeal must be received by the Court of Appeals for Veterans Clairns 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 0RD1:RED THAT: (1) Felder is directed to show cause, within 21 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 AUG 2 4 2919 131 J.=.m H0rba1y Date J an Horbaly Clerk cc: Fred L. Felder Vincent D. Phillips, Esq. s19 "-see@flk.i%m:°“ AUG 24 2010 JAN HORBALY CLERK