Holland v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the FederaI Circuit LEE HOLLAND, JR., C'laimo:nt-Appellcmt, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, ._ Respondent-Appellee. 2011-nos ` Appea1 from the United States Court of Appea1s for Veterans Claims in 09-1481, Judge Bruce E. Kaso1d. 01"\I MOTIoN Before NEWMAN, L1NN, and REYNA, Circuit Judges. PER CUR1AM. 0 R D E R Lee Ho11and, Jr.’s responds to this court’s October 6, 2011 order directing the parties to show cause why this appeal should not be dismissed for lack of jurisdiction On February 3, 2011, the United States Court of Ap- pea1s for Veterans C1aims entered judgment in Hol1and’s HOLLAND V. DVA 2 case. The court received Hol1and’s notice of appeal on July 14, 2011, 161 days after the date of judgment An appeal from the Court of Appeals for Veterans Claims must be received within 60 days from the date of entry of judgment See 38 U.S.C. § 7292(a); 28 U.S.C. §2107(b); Fed. R. App. P. 4(a)(1). This filing period is statutory, mandatory, and jurisdictiona1. Bowles v. Rus- sell, 551 U.S. 205 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that may not be WaiVed); Henders0n v. Shin,seki, 131 S. Ct. 1197, 1204-05 (201l) (noting Congress’s intent to impose the same jurisdictional restrictions on an appeal from the Veterans Court to the Federa1 Circuit as on an appeal from a district court to a court of appeals). __ Holland’s appeal was not received by the court within the statutory period. Thus, we must dismiss his appeal. Accordingly, - IT ls OR1)ERED THA'r: (1) The appeal is dismissed (2) Each side shall bear its own costs FOR THE CoURT JAN 1 3 2012 lsi J an Horba1y Date J an Horbaly C1erk cc: Lee H0lland, Jr. Joshua E. Kur1and, Esq. F|LED F u.s.coum oFAPPEA1.s on 819 meFanEnAicmcun JAN -1 3 2012 JAN HORBALY Cl.EFlK