Don A. Blair v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential.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

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

2010-7137

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-1676, Judge Bruce E.
Kasold.

Before RADER, Chief Judge, LOURIE and O'MALLEY,
Circuit Judges.

RADER, Chief Judge.

ORDER

The Secretary of Veterans Affairs responds to this
court's order directing Don A. Blair to show cause why his
appeal should not be dismissed as untimely. Blair has not
responded to the court's order.

The Court of Appeals for Veterans Claims entered
judgment in this case on June 21, 2010. The docket sheet

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BLAIR v. DVA

of the Court of Appeals for Veterans Claims indicates that
that court received Blair's notice of appeal on August 23,
or 63 days after entry of judgment.

Any appeal of the judgment of the Court of Appeals
for Veterans Claims had to be received 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 2 0 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Roger W. Rutherford, Esq.
P. Davis Oliver, Esq.
s20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 20 2011

JAN HORBALY
CLERK