Hannah M. Curry v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS

NOTE: This order is nonprecedential.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 N EWMAN, R EYNA, and WALLACH , Circuit Judges.
P ER CURIAM .
O R D E R
The Secretary of Veterans Affairs moves to dismiss
this appeal.
This court received Hannah M. Curry’s notice of ap-
peal on January 16, 2013.1 Judgment was entered by the
Veterans Court on November 13, 2012. As such, a total of
1 The notice of appeal was forwarded to the Court of
Appeals for Veterans Claims and received by that court
on January 18, 2013.
Case: 13-7054 Document: 13 Page: 1 Filed: 06/19/2013

-- 1 of 2 --

HANNAH CURRY v. SHINSEKI 2
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. Rus-
sell, 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,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s25
Case: 13-7054 Document: 13 Page: 2 Filed: 06/19/2013

-- 2 of 2 --