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Aytona v. Shinseki

Court: Court of Appeals for the Federal Circuit
Date filed: 2013-09-30
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Case: 13-7131    Document: 5     Page: 1   Filed: 09/30/2013




          NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

                 LOURDES A. AYTONA,
                   Claimant-Appellant,
                            v.
   Eric K. Shinseki, SECRETARY OF VETERANS
                      AFFAIRS,
                 Respondent-Appellee.
                __________________________

                        2013-7131
                __________________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 11-3233, Judge William P.
Greene, Jr.
             __________________________

                       ORDER
                __________________________
                       PER CURIAM.
    Upon review of this recently docketed matter, the
court considers whether Lourdes A. Aytona’s appeal was
timely filed.
    On May 7, 2013, the United States Court of Appeals
for Veterans Claims entered judgment in Aytona’s case.
Her notice of appeal was received on August 2, 2013.
Case: 13-7131        Document: 5   Page: 2   Filed: 09/30/2013




AYTONA v. SHINSEKI                                            2

    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)(1).
      Accordingly,
      IT IS ORDERED THAT:
    (1) Aytona is directed to show cause, within 45 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


                                      /s/ Daniel E. O’Toole
                                          Daniel E. O’Toole
                                          Clerk
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