Dunbar v. Usps

Case: 13-3035 Document: 10 Page: 1 Filed: 03/04/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
TREVOR L. DUNBAR,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.
__________________________
2013-3035
__________________________
Petition for review of the Merit Systems Protection
Board in case no. SF0752090788-B-1.
__________________________
ON MOTION
__________________________
Before NEWMAN, LOURIE, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
The United States Postal Service moves for dismissal
of the appeal as untimely.
The Merit Systems Protection Board issued its final
order on May 24, 2011, and the order was subsequently
Case: 13-3035 Document: 10 Page: 2 Filed: 03/04/2013
TREVOR DUNBAR V. USPS 2
sent to Mr. Dunbar. The order was returned to the
MSPB, and Mr. Dunbar requested that another copy be
sent to him. The MSPB sent a second copy of the final
decision to Mr. Dunbar on July 19, 2012, via certified
mail, which indicates receipt on July 24, 2012. On Octo-
ber 9, 2012, more than 60 days after he received the copy
of the final order, Mr. Dunbar filed his petition for review
with the court.
Our review of a Board decision or order is governed
by 5 U.S.C. § 7703(b)(1), which provides that
“[n]otwithstanding any other provision of law, any peti-
tion 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. Dep't of Transporta-
tion, 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 require-
ment that cannot be waived).
Because Mr. Dunbar’s petition was not received with-
in 60 days of the date he received the Board's decision, we
must dismiss his petition as untimely.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) All pending motions are moot.
(3) Each side shall bear its own costs.
Case: 13-3035 Document: 10 Page: 3 Filed: 03/04/2013
3 TREVOR DUNBAR V. USPS
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
Issued As A Mandate: March 4, 2013
s24