Baumgarten v. Department of the Army
This text of 567 F. App'x 964 (Baumgarten v. Department of the Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
Upon review of this recently docketed petition for review, it appears that John G. Baumgarten’s petition was not timely filed.
On February 28, 2014, the Merit Systems Protection Board dismissed as untimely (without a showing of good cause) Baumgarten’s petition for review of an ini *965 tial decision that had dismissed his appeal of his reduction in grade/pay. The court received his petition for review on May 12, 2014, which was 73 days after the Board issued its final order.
The time for filing a petition for review from a Board decision or order is governed by 5 U.S.C. § 7703(b)(1), which provides in relevant part that “[notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board.” 5 U.S.C. § 7703(b)(1)(A). This filing period is “statutory, mandatory, [and] jurisdictional.” Monzo v. Dep’t of Transp., 735 F.2d 1335, 1336 (Fed.Cir.1984).
Accordingly,
IT IS ORDERED THAT:
(1) Baumgarten is directed to show cause, within 45 days of the date of filing of this order, why this petition should not be dismissed as untimely. The Department of the Army may also respond within that time.
(2) The briefing schedule is stayed.
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567 F. App'x 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumgarten-v-department-of-the-army-cafc-2014.