Cristobal Maldonado, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 43 F.3d 1485 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 43 F.3d 1485 (Fed. Cir. 1994)

Dec. 6, 1994


Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PLAGER, Circuit Judge.

ON MOTION

PLAGER, Circuit Judge.


ORDER

The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(e) and to dismiss Cristobal Maldonado's appeal for lack of jurisdiction. Maldonado has not filed a response.

On December 14, 1993, the Court of Veterans Appeals entered judgment summarily affirming the Board of Veterans Appeals' April 29, 1992 decision. Maldonado filed a notice of appeal on February 15, 1994, 61 days after entry of judgment. To be timely, Maldonado's appeal was due within 60 days. 38 U.S.C. §§ 7291, 7292. Failure to timely file a notice of appeal extinguishes the right to appeal. Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed. Cir. 1983).

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary's motion to waive the requirements of Fed. Cir. R. 27(e) is granted.

(2) The Secretary's motion to dismiss is granted.

(3) Each side shall bear its own costs.