Stephen J. Klubock v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential.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

STEPHEN J. KLUBOCK,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2010-7083

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 07-2008, Judge Robert N.
Davis.

Before NEWMAN, SCHALL, and PROST, Circuit Judges.

PER CURIAM.

Stephen J. Klubock responds to this court's May 20,
2010 order directing him to show cause why this appeal
should not be dismissed as untimely.

On January 26, 2010, the United States Court of Ap-
peals for Veterans Claims dismissed Klubock's appeal in
that court. Judgment was entered by that court on Feb-
ruary 22, 2010. The court received Klubock's appeal of
the Court of Appeals for Veterans Claims' judgment on

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April 26, 2010, or 63 days after the entry of judgment by
the Court of Appeals for Veterans Claims.

An appeal from the Court of Appeals for Veterans
Claims must be received within 60 days from the date of
entry of judgment. See 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) (the timely filing of a notice
of appeal in a civil case is a jurisdictional requirement
that may not be waived).

Klubock'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 appeal is dismissed as untimely.

(2) Each side shall bear its own costs.

FOR THE COURT

JUL 02 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Stephen J. Klubock
Richard P. Schroeder, Esq.
s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 02 2010

JAN HORBALY
CLERK