Alonzo Day, Jr. v. Eric K. Shinseki, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

ALONZO DAY, JR.,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2012-7035

Appeal from the United States Court of Appeals for
Veterans Claims in 09-4491, Judge Robert N. Davis.

ON MOTION

Before RADER, Chief Judge, and GAJARSA and REYNA,
Circuit Judges.

PER CURIAM.

## ORDER

Alonzo Day, Jr. responds to the court's order directing
him to show cause why his appeal should not be dismissed
as untimely. The Secretary of Veterans Affairs requests

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DAY v. DVA

that this court waive the requirements of Federal Circuit
Rule 27(f) and moves to dismiss the appeal as untimely.

The Court of Appeals for Veterans Claims entered
judgment in this case on August 16, 2011. Mr. Day filed
his notice of appeal on October 24, 2011, 69 days after
entry of judgment.

Any appeal of the judgment had to be received by the
Court of Appeals for Veterans Claims within 60 days of
the date of entry of judgment. 38 U.S.C. § 7292(a);
28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). The statutory
deadline for taking an appeal to this court is jurisdictional
and mandatory. See Bowles v. Russell, 551 U.S. 205
(2007). As such, this court "has no authority to create
equitable exceptions to jurisdictional requirements," even
if such "rigorous rules . . . are thought to be inequitable [.]"
Id. at 214.

Accordingly,

\-

IT IS ORDERED THAT:

(1) The requirements of Federal Circuit Rule 27(f) are
waived.

(2) The motion to dismiss is granted.

FOR THE COURT

MAR 2 2 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Alonzo Day, Jr.
Elizabeth A. Speck, Esq.
s25

ISSUED AS A MANDATE:

MAR 2 2 2012

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 22 2012
JAN HORBALY
CLERK