Donald E. Odell v. ERIC K. SHINSEKI, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-7042
DONALD E. ODELL,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, Secretary of Veterans Affairs,
Respondent-Appellee.
Appeal from the United States Court of Appeals for Veterans Claims in
06-2341, Judge Bruce E. Kasold.
Before MAYER, SCHALL, and MOORE, Circuit Judges.
PER CURIAM. ORDER
Donald E. Odell responds to the court's February 24, 2009 order directing him to
show cause why this appeal should not be dismissed for lack of jurisdiction.
On July 15, 2008, the United States Court of Appeals for Veterans Claims
entered judgment in Odell's case. The court received Odell's notice of appeal on
September 16, 2008, or 63 days after the entry of judgment.
To be timely, a notice of appeal must be received by the Court of Appeals for
Veterans Claims within 60 days of the entry of judgment, or by Monday, September 15,
2008. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. R. App. P. 4(a)(1). Odell
states, without explanation, that he believed the time to submit his notice of appeal had
"changed." The timely filing of his notice of appeal in a civil case is a jurisdictional
requirement that cannot be waived. Bowles v. Russell, 551 U.S. 205 (2007). Because

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the appeal was not received within the statutory deadline for filing, we must dismiss this
appeal as untimely.
Accordingly,
IT IS ORDERED THAT:
The appeal is dismissed.
All sides shall bear their own costs.
FOR THE COURT
Jan Horbaly FILED
Clerk U.S COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Donald E. Odell
Antonia R. Soares, Esq.
s19
MAR 7 2009
HuHLiALY
CLERK
MAR 2 7 2009
Date
/s/ Jan Horbalv
2009-7042 2

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