Perpetua Saoy-Cinco v. Eric K. Shinseki, Secretary of Veterans Affairs

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# United States Court of Appeals for the Federal Circuit

PERPETUA SAOY-CINCO,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2012-7027

Appeal from the United States Court of Appeals for
Veterans Claims in 10-1902, Judge Kenneth B. Kramer.

## ON MOTION

Before BRYSON, MAYER, and LINN, Circuit Judges.
PER CURIAM.

ORDER

Perpetua Saoy-Cinco and the Secretary of Veterans
Affairs respond to this court's January 17, 2012 order
directing the parties to show cause why this appeal
should not be dismissed as untimely.

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On September 20, 2011, the United States Court of
Appeals for Veterans Claims entered judgment in Saoy-
Cinco's case. The court received Saoy-Cinco's notice of
appeal on November 22, 2011, 63 days after the date of
judgment.

To be timely, a notice of appeal must be filed with the
Court of Appeals for Veterans Claims within 60 days of
the entry of judgment. See 38 U.S.C. § 7292(a); 28 U.S.C.
§ 2107(b); Fed. R. App. P. 4(a)(1); see also Henderson v.
Shinseki, 131 S. Ct. 1197, 1204-05 (2011) (the language of
Section 7292(a) "clearly signals an intent" to impose the
same jurisdictional restrictions on an appeal from the
Veterans Court to the Federal Circuit as imposed on
appeals from a district court to a court of appeals). The
statutory deadline for taking an appeal to this court is
jurisdictional and thus mandatory. See Bowles v. Russell,
551 U.S. 205 (2007). As such, this court "has no authority
to create equitable exceptions to jurisdictional require-
ments," even if such "rigorous rules ... are thought to be
inequitable[.]" Id. at 214.

Because Saoy-Cinco's appeal was filed three days out-
side of the statutory deadline for taking an appeal to this
court, we must dismiss the appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

FOR THE COURT

APR 0 2 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 02 2012

JAN HORBALY
CLERK

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cc: Perpetua Saoy-Cinco
Tara K. Hogan, Esq.
s19