Sutton v. Merit Systems Protection Board
This text of Sutton v. Merit Systems Protection Board (Sutton v. Merit Systems Protection Board) 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
NOTE: This order is nonprecedential.
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SANDRA SUTTON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
2010-3147
Petition for review of the Merit Systems Protection Board in case no. CH844E090813-I-1.
ON MOTION
ORDER The court treats Sandra Sutton's correspondence con- cerning the timeliness of her petition for review as a motion for reconsideration of the court's previous rejection of her petition for review as untimely. Sutton also moves (1) for leave to proceed in forma pauperis, (2) for an extension of time to file her brief, and (3) for appointment of counsel. The court initially rejected Sutton's petition because it appeared to be untimely. However, upon further review,
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the court determines that Sutton received the decision of the Merit Systems Protection Board on May 12, 2010 and this court received Sutton's petition on July 12, 2010. Thus, Sutton's petition is timely: See 5 U.S.C. § 7703(b)(1). Accordingly, IT Is ORDERED THAT: (1) The motion for reconsideration is granted. (2) Sutton's motion for leave to proceed in forma pau- peris is granted. (3) Sutton's motion for an extension of time to file her brief is granted. Sutton's brief is due within 30 days of the date of filing of this order. (4) Sutton's motion for appointment of counsel is de- nied. FOR THE COURT
SEP 2 1 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk U.s. eouJ'l"ULl!!'OR THE F~~rCiRcUIT cc: Sandra Sutton Sara B. Rearden, Esq. SEP 21 2010 s17 JAN HORBALY CLERK • Pursuant to 5 U.S.C. § 7703(b)(1), a petition for review of a Board decision must be filed within 60 days of receipt of the decision. The court received Sutton's peti- tion 61 days after she received the Board's decision. However, the 60th day after Sutton's receipt of the Board's decision was July 11, a Sunday. Thus, pursuant to Fed. R. App. P. 26(a)(1)(C), Sutton's petition was due on July 12, the day she filed the petition.
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