Case: 14-3077 Document: 7 Page: 1 Filed: 04/17/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GREGORY J. HINDS,
Petitioner,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
______________________
2014-3077
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-12-0294-I-1.
______________________
PER CURIAM.
ORDER
Upon review of this recently docketed appeal, it
appears that this court may lack jurisdiction.
On December 17, 2013, the Merit Systems Protection
Board (Board) issued a final order denying Hinds’s peti-
tion for review. The court received his petition for review
on March 4, 2014, 77 days after the final order.
Our review of 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 peti-
tion for review shall be filed within 60 days after the
Case: 14-3077 Document: 7 Page: 2 Filed: 04/17/2014
2 HINDS v. DHS
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, mandatory, [and] jurisdictional.” Monzo v.
Dep’t of Transp.,
735 F.2d 1335, 1336 (Fed. Cir. 1984).
Accordingly,
IT IS ORDERED THAT:
(1) Hinds is directed to respond within 21 days of the
date of filing of this order, why this appeal should not be
dismissed as untimely. The Department of Homeland
Security 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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