Baker v. MSPB

• Court: Court of Appeals for the Federal Circuit
• Decided: July 6, 2023
• Docket: 23-1585
• Status: Unpublished

Opinion

Case: 23-1585 Document: 9 Page: 1 Filed: 07/06/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

NORMA MARIA BAKER, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2023-1585 ______________________

Petition for review of the Merit Systems Protection Board in No. NY-3443-22-0050-I-1. ______________________

Before LOURIE, HUGHES, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER On January 18, 2023, this court received a submission from Norma Maria Baker that was docketed as a petition to review the Merit Systems Protection Board’s March 15, 2022, final decision in Board No. NY-3443-22-0050-I-1 (the only matter identified in the petition). Responding to this court’s show cause order, the Board urges the court to dis- miss as untimely. Ms. Baker has not responded. Case: 23-1585 Document: 9 Page: 2 Filed: 07/06/2023

“[A] petition to review a final order or final decision of the Board shall be filed in the United States Court of Ap- peals for the Federal Circuit . . . within 60 days after the Board issues notice of the final order or decision.” 5 U.S.C. § 7703(b)(1)(A). This requirement is “mandatory and juris- dictional,” and thus cannot be waived or equitably tolled. Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017) (citation omitted). Because Ms. Baker’s petition was not received within that time, we dismiss. Accordingly, IT IS ORDERED THAT: (1) The petition for review is dismissed. (2) Each side shall bear its own costs. FOR THE COURT

July 6, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court