Day v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential. United States Court of AppeaIs for the Federal Circuit ALONZO DAY, JR., Claimant-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, ' Respon.dent-Appellee. § 2012-7035 Appea1 from the United States C0urt of Appea1s for Veterans C1aims in 09-4491, Judge Robert N. Davis. ON MOTION Before RADER, Chief Judge, and GAJARSA and REYNA, Circuit Judges. PER CURIAM. 0 R D E R A1onz0 Day, Jr. responds to the court's order directing him to show cause why his appeal should not be dismissed as untimely The Secretary of Veterans Aff`airs requests DAY V. DVA 2 that this court waive the requirements of Federal Circuit Rule 27(f) and moves to dismiss the appeal as untin1ely. The Court of Appea1s for Veterans Claims entered judgment in this case on August 16, 2011. Mr. Day filed his notice of appeal on October 24, 2011, 69 days after entry of judgment Any appeal of the judgment had to be received by the Court of Appeals for Veterans Claims 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 (2007). As such, this court "has no authority to create equitable exceptions to jurisdictional requirements," even if such “rigorous rules . . . are thought to be inequitable[.]" Id. at 214. Accordingly, * IT ls 0RDERE1:) THA'r: (1) The requirements of Federal Circuit Ru1e 27 (i) are waived. (2) The motion to dismiss is granted FOR THE COURT HAR 2 2 2012 fs/ Jan Horbaly Date J an Horbaly Clerk cc: Alonzo Day, Jr. Elizabeth A. Speck, Esq. s25 ISSUED AS A MANDATE: MAR 2 2 2012 FlLED U.S. COURT 0F APFEALS FOB THE FEDERAl. C|HCU[T HAR 22 2012 JAN HOHBAL¥ Cl.ERK