Case: 12-7166 Document: 5 Page: 1 Filed: 09/25/2012
NOTE: This order is nonprecedential.
Wniteb ~tate~ ~ourt of §ppeaI~
for tbe jfeberaI ~irtuit
FLORA s. LEYGA,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
2012-7166
Appeal from the United States Court of Appeals for
Veterans Claims in 10-3290, Judge Donald L. Ivers.
ORDER
Upon review of this recently docketed appeal, it ap-
pears that Flora S. Leyga's appeal was not timely filed.
On May 4, 2012, the United States Court of Appeals
for Veterans Claims entered judgment in Leyga's case.
The court received Leyga's notice of appeal on August 13,
2012, 101 days after the date of judgment.
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)(I).
Case: 12-7166 Document: 5 Page: 2 Filed: 09/25/2012
FLORA LEYGA v. SHINSEKI 2
Accordingly,
IT Is ORDERED THAT:
(1) Leyga 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 Secretary of Veterans
Affairs may also respond within that time.
(2) The briefing schedule is stayed.
FOR THE COURT
SEP 25 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Flora S. Leyga
David S. Silverbrand, Esq.
couRft~~
u.s.THE FEDERAL CIRCUlTFOR
s26 SEP 25 LUll
JANHORBAlY
CLERK