Holland v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit LEE HOLLAND, JR., Claiman,t-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, _ Respondent-Appellee. 2011-7193 ` Appeal from the United StateS Court of Appeals for Veterans ClaimS in 09-1481, Judge Bruce E. KaSold. ON MOTION ORDER Upon review of this recently docketed appeal, it ap- pears that Lee H0lland, Jr.’S appeal was not timely filed On February 3, 2011, the United States Court of Ap- peals for Veterans ClaiIns entered judgment in Holland’s case. The court received Holland’S notice of appeal on July 14, 2011, 161 days after the date of judgment HOLLAND 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) Holland is directed to show cause, within 30 days of the date of filing of this order why this appeal should not be dismissed as untimely. The SecretaryAof Veterans Affairs may also respond within that time. (2) The briefing schedule is stayed. FOR THE COURT 0CT 0 6 2011 ___::______ /s/ J an Horbal - Date J an Horbaly_ Clerk ccc Lee Holland, Jr. Jeanne E. Davidson, Esq. S19 E|.S. C0UR'l':f)||?EAgPEALS FOR THE FEDERAL C|RCUlT 0CT 0 6 2011 .!AN HORBAUl CLERK