OpenJurist

43 F3d 1485 Maldonado v. Brown

43 F.3d 1485

Cristobal MALDONADO, Claimant-Appellant,
v.
Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

No. 94-7046.

United States Court of Appeals, Federal Circuit.

Dec. 6, 1994.

NOTICE: Federal Circuit Local Rule 47.6(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PLAGER, Circuit Judge.

ON MOTION

PLAGER, Circuit Judge.

ORDER

1

The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Cristobal Maldonado's appeal for lack of jurisdiction. Maldonado has not filed a response.

2

On December 14, 1993, the Court of Veterans Appeals entered judgment summarily affirming the Board of Veterans Appeals' April 29, 1992 decision. Maldonado filed a notice of appeal on February 15, 1994, 61 days after entry of judgment. To be timely, Maldonado's appeal was due within 60 days. 38 U.S.C. Secs. 7291, 7292. Failure to timely file a notice of appeal extinguishes the right to appeal. Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983).

3

Accordingly,

IT IS ORDERED THAT:

4

(1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted.

5

(2) The Secretary's motion to dismiss is granted.

6

(3) Each side shall bear its own costs.