Emelia A. Ford v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

EMELIA A. FORD,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2010-7063

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-140, Judge Mary J. Schoe-
len.

Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
PER CURIAM.

## ORDER

Emelia A. Ford responds to the court's order directing
her to show cause why her appeal should not be dismissed
as untimely. The Secretary of Veterans Affairs also
responds.

The Court of Appeals for Veterans Claims entered
judgment in this case on November 17, 2009. The docket
sheet of the Court of Appeals for Veterans Claims indi-

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FORD v. DVA

cates that that court received Ford's notice of appeal on
February 22, 2010, or 95 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). Thus, we do not
have jurisdiction and this appeal must be dismissed. See
Bowles v. Russell, 551 U.S. 205 (2007) (the timely filing of
a notice of appeal in a civil case is a jurisdictional re-
quirement); Sofarelli Assoc., Inc. v. United States, 716
F.2d 1395 (Fed. Cir. 1983).

Accordingly,
IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

FOR THE COURT

MAY 1 9 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Emelia A. Ford
Shelly D. Weger, Esq.
$20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 1 9 2010

JAN HORBALY
CLERK