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164 F. App'x 985

Aguilar v. Nicholson

U.S. Courts of Appeals

Decided January 23, 2006

U.S. Courts of Appeals · decided 2006-01-23

Applies 38 U.S.C. § 7292

Decided 2006-01-23

¶1ORDER

SCHALL, Circuit Judge.

¶2Francia V. Aguilar responds to this court’s order directing her to show cause *986why her appeal should not be dismissed as untimely filed.

¶3Aguilar argues that her appeal was timely “served,” i.e., placed in the mail before the clue date. However, unlike documents whose due date is determined by the date of service (such as a brief), a notice of appeal must be “filed” by the due date. A notice of appeal from a decision of the Court of Appeals for Veterans Claims is filed when it is received by the lower court. 38 U.S.C. § 7292; Fed. R.App. P. 4.

¶4Because Aguilar’s notice of appeal was received by the Court of Appeals for Veterans Claims 64 days after the entry of judgment, the appeal must be dismissed as untimely filed.

¶5Accordingly,

¶6IT IS ORDERED THAT:

¶7(1) The appeal is dismissed as untimely filed.

¶8(2) Each side shall bear its own costs.

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