USITA v. SHINSEKI , No. 14-7021 (Fed. Cir. 2013)
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Case: 14-7021 Document: 2 Page: 1 Filed: 11/22/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ LOIDA A. USITA, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2014-7021 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-1560. ______________________ PER CURIAM. ORDER Upon review of this recently docketed case, it appears that Loida A. Usita s appeal was not timely filed. On January 9, 2013, the United States Court of Appeals for Veterans Claims entered judgment in Usita s case. Her notice of appeal was received on October 21, 2013; 285 days after judgment. To be timely, a notice of appeal must be received by the Court of Appeals for Veterans Claims within 60 days Case: 14-7021 Document: 2 Page: 2 2 Filed: 11/22/2013 USITA v. SHINSEKI 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) Usita 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 /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26
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