Castillejos v. Opm

• Court: Court of Appeals for the Federal Circuit
• Decided: April 6, 2023
• Docket: 23-1207
• Status: Unpublished

Opinion

Case: 23-1207 Document: 7 Page: 1 Filed: 04/06/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RICARDO R. CASTILLEJOS, Petitioner

v.

OFFICE OF PERSONNEL MANAGEMENT, Respondent ______________________

2023-1207 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0831-17-0586-I-1. ______________________

PER CURIAM. ORDER Having considered all responses from the parties to this court’s order directing them to address whether this court has jurisdiction over Ricardo R. Castillejos’ petition for review of a decision from the Merit Systems Protection Board, we conclude that we lack jurisdiction. Mr. Castillejos’ petition seeks review of the Board’s fi- nal September 12, 2022, decision, but this court did not re- ceive his petition until November 22, 2022, 71 days later. Under 5 U.S.C. § 7703(b)(1)(A), a petition to review a final decision by the Board must be filed “within 60 days after Case: 23-1207 Document: 7 Page: 2 Filed: 04/06/2023

the Board issues notice of the final . . . decision,” and this deadline is mandatory and jurisdictional. Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017). It also “requires actual receipt by the court, not just timely mail- ing.” Id.; see Fed. R. App. P. 25(a)(2)(A). Because the peti- tion is untimely, we dismiss. Accordingly, IT IS ORDERED THAT: (1) The petition for review is dismissed. (2) Each party shall bear its own costs. FOR THE COURT

April 6, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court