Jose E. Rosario-Fabregas v. Department of the Army

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOSE E. ROSARIO-FABREGAS,
Petitioner,
v.
DEPARTMENT OF THE ARMY,
Respondent.
______________________
2014-3092
______________________
Petition for review of the Merit Systems Protection
Board in No. NY-0752-10-0127-P-1.
______________________
Before N EWMAN, R ADER, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
The parties have responded to this court’s order di-
recting them to show cause why this petition should not
be dismissed as untimely.
On December 30, 2013, the Merit Systems Protection
Board denied Jose E. Rosario-Fabregas’s petition for
review of an initial decision that denied his motion for
damages in connection with his appeal. The court re-
ceived his petition for review on March 4, 2014, which was
64 days after the Board issued its final order.
Case: 14-3092 Document: 12 Page: 1 Filed: 06/04/2014

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ROSARIO- FABREGAS v. ARMY 2
The time for filing a petition for review from a Board
decision or order is governed by 5 U.S.C. § 7703(b)(1),
which provides in relevant part that “[n]otwithstanding
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, mandato-
ry, [and] jurisdictional.” Monzo v. Dep’t of Transp., 735
F.2d 1335, 1336 (Fed. Cir. 1984).
Because Rosario-Fabregas’s petition concerning the
Board’s final order was filed after the statutory deadline
for filing a petition, we must dismiss the petition.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition is dismissed.
(2) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 14-3092 Document: 12 Page: 2 Filed: 06/04/2014

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