Bautista v. Principi

U.S. Courts of Appeals

Decided August 1, 2003

U.S. Courts of Appeals · decided 2003-08-01

Applies 28 U.S.C. § 2107 · 38 U.S.C. § 7292

Relies on Sofarelli Associates, Inc. v. United States

Decided 2003-08-01

¶1ORDER

RADER, Circuit Judge.

¶2On April 30, 2003, this court directed Patricio B. Bautista to show cause why this appeal should not be dismissed as untimely. No response has been received.

¶3Judgment was entered by the Court of Appeals for Veterans Claims on September 3, 2002. Any appeal of that judgment was due within 60 days, or by November 4, 2002. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b); Fed. RApp. P. 4(a)(1). Bautista’s appeal was filed on March 6, 2003. Because that notice was untimely filed, we have no jurisdiction and this appeal must be dismissed. See Sofarelli Assoc., Inc. v. *846United States, 716 F.2d 1395 (Fed.Cir.1983).

¶4Accordingly,

¶5IT IS ORDERED THAT:

¶6(1) This appeal is dismissed.

¶7(2) Each side shall bear its own costs.