NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3122
MICHAEL W. HARLSTON, SR.,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
Petition for review of the Merit Systems Protection Board in
CH831 E080043-B-1.
Before MAYER, SCHALL, and MOORE, Circuit Judges.
PER CURIAM.
ORDER
Michael W. Harlston, Sr. moves for reconsideration of the court's February 2,
2009 order returning his petition for review as untimely.
On November 14, 2008, the Merit Systems Protection Board issued its final
decision on Harlston's petition. Harlston indicates that he received the Board's decision
on December 1, 2008. The court received Harlston's petition on February 2, 2009, 63
days after Harlston received the Board's decision.
Our review of a Board decision or order is governed by
5 U.S.C. § 7703(b)(1),
which provides that u [n]otwithstanding any other provision of law, any petition for review
must be filed within 60 days after the date the petitioner received notice of the final
order or decision of the board." This filing period is "statutory, mandatory, [and]
jurisdictional." Monzo v. Dept of Transportation,
735 F.2d 1335, 1336 (Fed. Cir. 1984);
see also Bowles v. Russell,
551 U.S. 205 (2007) (the timely filing of a notice of appeal
in a civil case is a jurisdictional requirement that cannot be waived).
Because Harlston's petition was not received within 60 days of the date he
received the Board's decision, we must dismiss his petition as untimely.
Accordingly,
IT IS ORDERED THAT:
Harlston's motion is denied. His petition is dismissed.
All sides shall bear their own costs.
FOR THE COURT
MAR 2 7 2009
/s/ Jan Horbalv
Date Jan Horbaly
Clerk FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Michael W. Harlston, Sr. MAR' 27 2009
Michael D. Austin, Esq. JAW HORBALY
CLERK
s19
MAR 2 7 2009
ISSUED AS A MANDATE:
2009-3122
