Acevedo v. RRRB

Opinion

Case: 22-60187 Document: 00516510998 Page: 1 Date Filed: 10/17/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-60187 Summary Calendar FILED October 17, 2022 Lyle W. Cayce Robert R. Acevedo, Clerk

Petitioner,

versus

United States Railroad Retirement Board,

Respondent.

Petition for Review of an Order of the Railroad Retirement Board RRB No. 14-AP-56

Before Southwick, Higginson, and Willett, Circuit Judges. Per Curiam:* Robert R. Acevedo seeks review of the Railroad Retirement Board’s decision denying him certain retirement benefits. The Railroad Retirement Act of 1974 requires appeals like this to be brought within one year of the Board’s final decision. See 45 U.S.C. § 231. The Board issued its final

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-60187 Document: 00516510998 Page: 2 Date Filed: 10/17/2022

No. 22-60187

decision on March 3, 2016. Acevedo filed this petition in April 2022, well outside the one-year limitations period. His petition is thus untimely. But even if it were timely, we previously affirmed the Board’s decision and denied rehearing See Acevedo v. U.S. R.R. Ret. Bd., 678 F. App’x 264 (5th Cir. 2017) (per curiam). DENIED.