Blount v. Office of Personnel Management

Federal Circuit

Blount v. Office of Personnel Management

64 F. App'x 229

CourtCourt of Appeals for the Federal Circuit

DecidedMay 1, 2003

DocketNo. 03-3144

StatusPublished

This text of 64 F. App'x 229 (Blount v. Office of Personnel Management) 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.

Bluebook

Blount v. Office of Personnel Management, 64 F. App'x 229 (Fed. Cir. 2003).

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Opinion

ORDER

M. Louise Blount requests that the court accept her untimely petition for review.

On September 13, 2002, the Administrative Judge (AJ) issued an initial decision informing Blount that the AJ’s decision would become a final Merit Systems Protection Board decision on October 18, 2002. The AJ’s decision specified that any petition for review must be filed with this court within 60 days of the date the decision became final. Blount’s petition for review was received by the court on December 18, 2002, 61 days after the AJ’s decision became final.

Our review of a Board decision is governed by 5 U.S.C. § 7703(b)(1), which provides that “[notwithstanding any other provision of law, any petition 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. Dept. of Transportation, Federal Aviation Administration, 735 F.2d 1335, 1336 (Fed.Cir. 1984). Thus, under the time provision of the statute, Blount’s petition for review was due in this court within 60 days of the Board’s final decision, i.e., December 17, 2002. Because it was received on December 18, 2002, one day late, this court must dismiss Blount’s petition as untimely.

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ORDER

M. Louise Blount requests that the court accept her untimely petition for review.

On September 13, 2002, the Administrative Judge (AJ) issued an initial decision informing Blount that the AJ’s decision would become a final Merit Systems Protection Board decision on October 18, 2002. The AJ’s decision specified that any petition for review must be filed with this court within 60 days of the date the decision became final. Blount’s petition for review was received by the court on December 18, 2002, 61 days after the AJ’s decision became final.

Our review of a Board decision is governed by 5 U.S.C. § 7703(b)(1), which provides that “[notwithstanding any other provision of law, any petition 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. Dept. of Transportation, Federal Aviation Administration, 735 F.2d 1335, 1336 (Fed.Cir. 1984). Thus, under the time provision of the statute, Blount’s petition for review was due in this court within 60 days of the Board’s final decision, i.e., December 17, 2002. Because it was received on December 18, 2002, one day late, this court must dismiss Blount’s petition as untimely.

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Bluebook (online)

64 F. App'x 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blount-v-office-of-personnel-management-cafc-2003.

Opinion

M. Louise Blount requests that the court accept her untimely petition for review.

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