Hinds v. Department of Homeland Security
This text of 562 F. App'x 974 (Hinds v. Department of Homeland Security) 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 appeal, it appears that this court may lack jurisdiction.
On December 17, 2013, the Merit Systems Protection Board (Board) issued a final order denying Hinds’s petition for review. The court received his petition for review on March 4, 2014, 77 days after the final order.
Our review of a Board decision or order is governed by 5 U.S.C. § 7703(b)(1), which provides in relevant part that “[n]ot-withstanding 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) Hinds is directed to respond within 21 days of the date of filing of this order, why this appeal should not be dismissed as untimely. The Department of Homeland Security may also respond within that time.
(2) The briefing schedule is stayed.
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562 F. App'x 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinds-v-department-of-homeland-security-cafc-2014.