Rogan, Ii v. Merit Systems Protection Board

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-3075
DEAN L. ROGAN, II,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Dean L. Rogan, II, of Chicago Heights, Illinois, pro se.
Sara B. Rearden, Attorney, Office of the General Counsel, United States Merit
Systems Protection Board, of Washington, DC, for respondent. With her on the brief
were B. Chad Bungard, General Counsel, and Rosa M. Koppel, Deputy General
Counsel.
Appealed from: United States Merit Systems Protection Board
NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-3075
DEAN L. ROGAN, II,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
DECIDED: October 5, 2007
__________________________
Before MAYER, Circuit Judge, JACOBS, Chief Judge*, and PROST, Circuit Judge.
PER CURIAM.
Dean I. Rogan, II, appeals the final decision of the Merit Systems Protection
Board that dismissed his appeal as untimely filed. Rogan v. U.S. Postal Serv., CH-
0752-06-0556-I-1 (MSPB July 19, 2006). We affirm.
Rogan was required to file his appeal with the board within thirty days of his
removal from his position at the United States Postal Service, or to show good cause
why he was unable to timely file. 5 C.F.R. §§ 1201.12, 1201.22. Given that Rogan’s
appeal was received by the board in an envelope postmarked more than four months
past the filing deadline, the board properly determined that Rogan’s appeal was
____________________
* Honorable Dennis Jacobs, Chief Circuit Judge, Second Circuit Court of Appeals,
sitting by designation.
untimely.
While Rogan made representations to the board regarding family and financial
problems, he failed to establish that these difficulties prevented him from meeting the
filing deadline. We conclude, therefore, that substantial evidence supports the board’s
determination that Rogan failed to show good cause for his failure to file in a timely
manner.
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