Michael Blashford v. Shinseki

Case: 13-7094 Document: 8 Page: 1 Filed: 06/05/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MICHAEL W. BLASHFORD, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2013-7094 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-0575, Chief Judge Bruce E. Kasold. ______________________ Before NEWMAN, Circuit Judge. ORDER The United States Court of Appeals for Veterans Claims (“Veterans Court”) received Michael Blashford’s notice of appeal on April 18, 2013. Judgment was entered by the Veterans Court on February 6, 2013. As such, a total of 71 days had elapsed between judgment and re- ceipt of the appeal. A notice of appeal of a decision of the Veterans Court must be filed within 60 days after that court’s entry of Case: 13-7094 Document: 8 Page: 2 Filed: 06/05/2013 2 MICHAEL BLASHFORD v. SHINSEKI judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107. See also Fed. Cir. R. 4 (Practice Note). Thus, it appears that this appeal is untimely and must be dismissed. Accordingly, IT IS ORDERED THAT: (1) Mr. Blashford is directed to show cause, within 14 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 s25