HANNAH CURRY v. SHINSEKI , No. 13-7054 (Fed. Cir. 2013)
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Case: 13-7054 Document: 13 Page: 1 Filed: 06/19/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ HANNAH M. CURRY, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2013-7054 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in 11-0981, Judge Margaret C. Bartley. ______________________ Before NEWMAN, REYNA, and WALLACH, Circuit Judges. PER CURIAM. ORDER The Secretary of Veterans Affairs moves to dismiss this appeal. This court received Hannah M. Curry s notice of appeal on January 16, 2013. 1 Judgment was entered by the Veterans Court on November 13, 2012. As such, a total of The notice of appeal was forwarded to the Court of Appeals for Veterans Claims and received by that court on January 18, 2013. 1 Case: 13-7054 Document: 13 2 Page: 2 Filed: 06/19/2013 HANNAH CURRY v. SHINSEKI 64 days had elapsed between judgment and receipt of the appeal. An appeal from the Court of Appeals for Veterans Claims must be received within 60 days from the date of entry of judgment. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). This filing period is statutory, mandatory, and jurisdictional. Bowles v. Russell, 551 U.S. 205 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that may not be waived); Henderson v. Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (noting Congress s intent to impose the same jurisdictional restrictions on an appeal from the Veterans Court to the Federal Circuit as on an appeal from a district court to a court of appeals). Ms. Curry s appeal was not received by the court within the statutory period. Thus, we must dismiss her appeal. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss is granted. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk s25
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