USITA v. SHINSEKI , No. 14-7021 (Fed. Cir. 2014)
Annotate this Case
Download PDF
Case: 14-7021 Document: 13 Page: 1 Filed: 03/18/2014 NOTE: This order is nonprecedential.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. ______________________ Before NEWMAN, MOORE, and CHEN, Circuit Judges. PER CURIAM. ORDER Loida A. Usita and the Secretary of Veterans Affairs respond to this court s order directing the parties to show cause why this appeal should be dismissed as untimely. On January 9, 2013, the Veterans Court entered judgment in Usita s case. Her notice of appeal was received on October 21, 2013, which was 285 days after judgment. Case: 14-7021 Document: 13 Page: 2 2 Filed: 03/18/2014 USITA v. SHINSEKI To be timely, a notice of appeal must be received by the Veterans Court within 60 days of the entry of judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). Like appeals from district courts, the statutorily prescribed time for filing appeals from the Veterans Court to this court is mandatory and jurisdictional. See Wagner v. Shinseki, 733 F.3d 1343, 1348 (Fed. Cir. 2013); see also Henderson v. Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (indicating jurisdictional restrictions on the time for taking an appeal under section 7292(a)). Accordingly, even in circumstances in which it would be equitable to do so, this court is without authority to waive the deadline for filing an appeal to this court from the Veterans Court. See Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Usita s appeal as to the underlying judgment was filed outside of the statutory deadline for taking an appeal to this court, we must dismiss the appeal. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
