Edward S. Desmore, Sr. v. Eric K. Shinseki, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

EDWARD S. DESMORE, SR.,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2010-7135

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-2488, Judge Mary J.
Schoelen.

## ORDER

Edward S. Desmore, Sr. has not responded to the
court's September 16, 2010 order directing him to show
cause why his appeal should not be dismissed as un-
timely.

Upon consideration thereof,
IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

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FOR THE COURT

NOV 3 0 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Edward S. Desmore, Sr.
Michael N. O'Connell, Jr., Esq.

s17

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 3 0 2010

JAN HORBALY
CLERK