Jones v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit CARMELITTA JONES, Claimant-Appellant, ~ V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respon.den,t-Appellee. 2011-7195 ` Appea1 from the United States Court of Appea1s for VeteranS Clain1s in 09-1308, Judge Lawrence B. Hagel. ON MOTION ORDER Upon review of this recently docketed appea1, it ap- pears that Carme1itta Jones’s appeal was not timely filed On June 1, 2011, the United States Court of Appea1s for VeteranS C1aims entered judgment in Jones’s case The court received Jones’s notice of appeal on August 29, 2011, 89 days after the date ofjudg1:nent. JONES V. DVA 2 To be timely, 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 ORDERED THAT: (1) Jones is directed to show cause, within 60 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 tin1e. (2) The briefing schedule is stayed. FOR THE CoURT 0 5 lsi Jan H0rbaly Date J an Horbaly_ Clerk cc: Carmelitta Jones Jeanne E. Davidson, Esq. FlLED s.s. count 0F APPEALs FOR -919 mt FEoER».L c\RcinT UCT 06 2011 1AN HORBALY CLERK