Avelardo Garcia v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential.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

AVELARDO GARCIA,
Claimant-Appellant,
V.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2011-7023

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 10-1449, Judge Kenneth B.
Kramer.

Before RADER, Chief Judge, NEWMAN, and BRYSON, Cir-
cuit Judges.

PER CURIAM.

## ORDER

Avelardo Garcia responds to the court's order direct-
ing him to show cause why his appeal should not be
dismissed as untimely.

The Court of Appeals for Veterans Claims entered
judgment in this case on July 29, 2010. The court re-

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GARCIA v. DVA

ceived Garcia's notice of appeal on October 15, 2010, or 78
days after entry of judgment.

An appeal from the Court of Appeals for Veterans
Claims must 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). This filing period is
statutory, mandatory, and jurisdictional. See Bowles v.
Russell, 551 U.S. 205 (2007). Garcia's appeal was not
received by the court within the statutory period. Thus,
we must dismiss his appeal.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to dismiss is granted.

(2) Each side shall bear its own costs

FOR THE COURT

APR 0 5 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Avelardo Garcia
Claudia Burke, Esq.
s20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 05 2011

JAN HORBALY
CLERK