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5 F. App'x 890

Miller v. Principi

U.S. Courts of Appeals

Decided February 27, 2001

U.S. Courts of Appeals · decided 2001-02-27

Applies 38 U.S.C. § 7292

Relies on Sofarelli Associates, Inc. v. United States · Placeway Construction Corporation v. United States

Decided 2001-02-27

¶1ON MOTION

NEWMAN, Circuit Judge.

¶2ORDER

¶3The Secretary of Veterans Affairs moves to dismiss Alexander Miller’s appeal as untimely. Miller has not responded.

¶4An appeal from a decision of the Court of Appeals for Veterans Claims must be filed within 60 days after entry of judgment. See 38 U.S.C. § 7292(a); 28 U.S.C. *891§ 2107(b). The certified list reflects that the decision appealed from was entered by the Court of Appeals for Veterans Claims on May 11, 2000, and the notice of appeal was filed on September 8, 2000, more than 60 days later. Because the time limit for filing a notice of appeal may not be waived, this appeal must be dismissed. See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983); Placeway Const. Corp. v. United States, 713 F.2d 726, 728 (Fed.Cir.1983).

¶5Accordingly,

¶6IT IS ORDERED THAT:

¶7(1) The Secretary’s unopposed motion to dismiss is granted.

¶8(2) The revised official caption is reflected above.

¶9(3) Each side shall bear its own costs.

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