Opinion
2012-7027
01-17-2012
PERPETUA SAOY-CINCO, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States Court of Appeals for Veterans Claims in 10-1902, Judge Kenneth B. Kramer.
ON MOTION
ORDER
Upon review of this recently docketed appeal, it ap- pears that Perpetua Saoy-Cinco's appeal was not timely filed.
On September 20, 2011, the United States Court of Appeals for Veterans Claims entered judgment in Saoy- Cinco's case. The court received Saoy-Cinco's notice of appeal on November 22, 2011, 63 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)(1).
Accordingly,
It Is Ordered That:
(1) Saoy-Cinco is directed to show cause, within 60 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
__________
Jan Horbaly.
Clerk
cc:
Perpetua Saoy-Cinco
Tara K. Hogan, Esq.
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