Case: 14-3042 Document: 17 Page: 1 Filed: 03/04/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROBERT D. FRANKLIN,
Petitioner,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
______________________
2014-3042
______________________
Petition for review of the Merit Systems Protection
Board in No. AT0752120454-I-1.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Upon review of this recently docketed petition for re-
view, it appears that Robert D. Franklin’s petition was
not timely filed.
On September 18, 2013, the Merit Systems Protection
Board denied Franklin’s petition for review of an initial
decision that sustained his removal due to misconduct.
Franklin states in a submission to this court that he
Case: 14-3042 Document: 17 Page: 2 Filed: 03/04/2014
2 FRANKLIN v. DVA
received the Board’s final order on September 21, 2013.
The court received his petition for review on December 2,
2013; which was 75 days after the Board issued its final
order and 72 days after Franklin states that he received
the Board’s final order.
The time for filing a petition for review from a Board
decision or order is governed by
5 U.S.C. § 7703(b)(1),
which provides in relevant part that “[n]otwithstanding
any other provision of law, any petition for review shall be
filed within 60 days after the Board issues notice of the
final order or decision of the Board.”
5 U.S.C.
§ 7703(b)(1)(A). This filing period is “statutory, mandato-
ry, [and] jurisdictional.” Monzo v. Dep’t of Transp.,
735
F.2d 1335, 1336 (Fed. Cir. 1984).
Accordingly,
IT IS ORDERED THAT:
(1) Franklin is directed to show cause, within 21 days
of the date of filing of this order, why this petition should
not be dismissed as untimely. The Department of Veter-
ans Affairs may also respond within that time.
(2) The briefing schedule is stayed.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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