Dominic Sabbia v. ERIC K. SHINSEKI, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-7036
DOMINIC SABBIA,
Claimant-Appellant,
v.
ERIC K. SHINSEKI,
Secretary of Veterans Affairs,
Respondent-Appellee.
Appeal from the United States Court of Appeals for Veterans Claims in 08-3638.
ON MOTION
Before GAJARSA, FRIEDMAN, and LINN, Circuit Judges.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves for an extension of time and moves to
waive the requirements of Fed. Cir. R. 27(f) and dismiss this appeal as premature.
Dominic Sabbia opposes both motions.
On November 21, 2008, Sabbia filed a notice of appeal seeking review of the
United States Court of Appeals for Veterans Claims' November 12, 2008 order. The
docket sheet of the Court of Appeals for Veterans Claims indicates that the November
12 order is a notice of docketing and that proceedings are ongoing in the Court of
Appeals for Veterans Claims.
Sabbia contends that the Court of Appeals for Veterans Claims has made a
constructive final decision and requests that the court award benefits to him, his mother,

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and his children immediately. However, Sabbia does not explain how the Court of
Appeals for Veterans Claims made a "constructive final decision." The court notes that
Sabbia filed his notice of appeal seeking review by this court only fifteen days after his
notice of appeal seeking review by the Court of Appeals for Veterans Claim was filed.
This court's jurisdiction is generally limited to reviewing final decisions of the
Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292. In this case, the Court of
Appeals for Veterans Claims has not issued a final decision. Thus, the appeal is
dismissed.
Accordingly,
IT IS ORDERED THAT:
The Secretary's motions are granted. The appeal is dismissed.
Each side shall bear its own costs.
FOR THE COURT
MAY - 5 2009 /s/ Jan Horbaly
Date
cc: Dominic Sabbia
Jessica R. Toplin, Esq.
s17
Jan Horbaly
Clerk 64U
Till F
MAY -5 2009
an,
CliRK
ISSUED AS A MANDATE: MAY - 5 2009
2009-7036 2

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