LEAK v. SHINSEKI , No. 14-7015 (Fed. Cir. 2013)
Annotate this Case
Download PDF
Case: 14-7015 Document: 3 Page: 1 Filed: 11/25/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MARILYN LEAK, Claimant-Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. ______________________ 2014-7015 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 09-4010, Judge Alan G. Lance, Sr. ______________________ PER CURIAM. ORDER This court considers whether Marilyn Leak s notice of appeal is untimely. The United States Court of Appeals for Veterans Claims ( Veterans Court ) received Leak s notice of appeal on October 11, 2013. Judgment was entered by the Veterans Court on July 18, 2011. As such, a total of 816 days had elapsed between judgment and receipt of the appeal. A notice of appeal of a decision of the Veterans Court must be filed within 60 days after that court s entry of Case: 14-7015 Document: 3 2 Page: 2 LEAK Filed: 11/25/2013 v. SHINSEKI judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107. Thus, it appears that this appeal is untimely. Accordingly, IT IS ORDERED THAT: (1) Leak is directed to show cause, within 30 days of the date of filing of this order, as to why her appeal should not be dismissed as untimely. The Secretary may also respond by that date. (2) The briefing schedule is stayed. FOR THE COURT s25 /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court
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.
