Case: 13-7137 Document: 10 Page: 1 Filed: 01/31/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BASILIO R. ANDIR,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, Secretary of Veterans Affairs,
Respondent-Appellee.
______________________
2013-7137
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-2166, Judge William P.
Greene, Jr.
__________________________
Before RADER, Chief Judge, DYK and WALLACH, Circuit
Judges.
PER CURIAM.
ORDER
On October 30, 2013, the court directed the parties to
show cause why this appeal should not be dismissed as
untimely. The Secretary responds and argues that Basil-
io Andir’s appeal should be dismissed as untimely. Andir
responds and asserts that he did not receive the United
States Court of Appeals for Veterans Claims final order
and judgment “on time.”
Case: 13-7137 Document: 10 Page: 2 Filed: 01/31/2014
2 ANDIR v. SHINSEKI
The Veterans Court entered judgment on April 2,
2012. That court received Andir’s notice of appeal on
August 19, 2013, 503 days after the date of judgment.
Any appeal from the Court of Appeals for Veterans
Claims must be received within 60 days of the date of
entry of judgment. 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
mandatory. See Bowles v. Russell, 551 U.S. 205, 209
(2007); see also Henderson v. Shinseki, 131 S. Ct. 1197,
1204-05 (2011) (noting Congress’s intent to impose the
same jurisdictional restrictions on an appeal from the
Veterans Court to the Federal Circuit as on an appeal
from a district court to a court of appeals).
Andir asserts that his notice of appeal was untimely
because he did not receive a copy of the Veterans Court’s
decision and judgment until he requested a status report
for his case in March 2013. As noted above, however, the
time to appeal begins to run when the judgment is en-
tered.
Accordingly,
IT IS ORDERED THAT:
(1) 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 of Court
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