VAUGHN v. GIBSON , No. 14-7085 (Fed. Cir. 2014)
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Case: 14-7085 Document: 15 Page: 1 Filed: 07/25/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JOHN D. VAUGHN, Claimant-Appellant, v. SLOAN D. GIBSON, ACTING SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2014-7085 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-2582, Judge Margaret C. Bartley. ______________________ Before REYNA, BRYSON, and TARANTO, Circuit Judges. PER CURIAM. ORDER John D. Vaughn responds to this court s order directing him to show cause why this appeal should not be dismissed as untimely. The Acting Secretary of Veterans Affairs also responds. On February 20, 2014, the United States Court of Appeals for Veterans Claims ( Veterans Court ) entered Case: 14-7085 Document: 15 2 Page: 2 Filed: 07/25/2014 VAUGHN v. GIBSON judgment in Vaughn s case. His notice of appeal was received on May 13, 2014, 82 days after judgment. 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 Vaughn 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. 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
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