NOTE: This order is nonprecedential.
Wintte]) ~tate5 Court of ~eal5
for !be jfeberal <!Ctrrott
CHARLES BOUSHLEY, JR.,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
2012-7051
Appeal from the United States Court of Appeals for
Veterans Claims in 10-1431, Judge John J. Farley, III.
ON MOTION
Before RADER, Chief Judge, and GAJARSA and REYNA,
Circuit Judges.
PER CURIAM.
ORDER
Charles Boushley, Jr. responds to this court's January
27, 2012 order directing him to show cause why this
appeal should not be dismissed for lack of jurisdiction.
BOUSHLEY v DVA 2
On October 13, 2011, the United States Court of Ap-
peals for Veterans Claims entered judgment in Mr.
Boushley's case. The court received Mr. Boushley's notice
of appeal on December 19, 2011, 65 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)(I). This filing period is
statutory, mandatory, and jurisdictional. Borples u. 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); Henderson u. 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).
Mr. Boushley's appeal was not received by the court
within the statutory period. Thus, we must dismiss his
appeal.
Accordingly,
IT Is ORDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
MAR 08 2012
/s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Charles Boushley, Jr.
Christopher A. Bowen, Esq.
s25 FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 082012
JAN HORBALY
CLERK