Alfonso Abadia v. Merit Systems Protection Board

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
05-3039
ALFONSO ABADIA,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
DECIDED: July 11, 2005
__________________________
Before MAYER, LOURIE, and LINN, Circuit Judges.
PER CURIAM.
Alfonso Abadia seeks review of a final decision of the Merit Systems Protection
Board that dismissed his appeal as untimely filed without a showing of good cause for
his delay. Abadia v. OPM, MSPB No. DC0831030453-I-1 (Initial Decision, Jun. 5, 2003;
Final Order Sept. 30, 2004). Counsel for the government admits that “the evidence in
the record demonstrates that [Abadia’s] appeal was filed within the regulatory time limit
for filing and that the Board erred in finding that his appeal was untimely.” Accordingly,
and as requested by both parties, the board’s decision is reversed and the case is
remanded for adjudication on the merits.

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