Case: 12-7170 Document: 17 Page: 1 Filed: 02/11/2013
United States Court of Appeals
for the Federal Circuit
______________________
FRANK MORENO, JR.,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2012-7170
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in case no. 10-1314, Judge Ronald M.
Holdaway.
ORDER
The United States Court of Appeals for Veterans
Claims (“Veterans Court”) received Frank Moreno, Jr.’s
notice of appeal on August 6, 2012. Judgment was en-
tered by the Veterans Court on April 24, 2012. As such, a
total of 104 days had elapsed between judgment and
receipt of the appeal.
Section 7292(a), Title 38, United States Code requires
that a notice of appeal of the decision of the Veterans
Court be filed within 60 days after that court’s entry of
judgment or order. Thus, it appears that this appeal is
untimely and must be dismissed.
Case: 12-7170 Document: 17 Page: 2 Filed: 02/11/2013
2 FRANK MORENO, JR. v. SHINSEKI
IT IS ORDERED THAT:
(1) Mr. Moreno is directed to show cause, within 30
days of the date of filing of this order, as to why his ap-
peal should not be dismissed as untimely. The Secretary
may also respond by that date.
(2) The briefing schedule is stayed.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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