Katrina A. Randolph v. Smithsonian Institution

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
KATRINA A. RANDOLPH,
Petitioner,
v.
SMITHSONIAN INSTITUTION,
Respondent.
__________________________
2013-3106
__________________________
Petition for review of the Merit Systems Protection
Board in No. DC315H120325-I-1.
__________________________
Before D YK, P ROST and O’MALLEY , Circuit Judges.
P ER CURIAM .
O R D E R
The court considers whether to dismiss Katrina A.
Randolph’s petition for lack of jurisdiction.
Randolph’s representative received the Merit Systems
Protection Board’s decision in her case on February 22,
2013. Her petition was initially received by the court on
April 25, 2013.
A petition for review of an MSPB decision must be
filed “within 60 days after the Board issues notice” of its
Case: 13-3106 Document: 10 Page: 1 Filed: 07/18/2013

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KATRINA RANDOLPH V. SMITHSONIAN INSTITUTION 2
decision. 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).
Here, Randolph was required to file her petition by
April 23, 2013, two days before it was received. Her
petition is therefore untimely. See Fed. R. App. P.
25(a)(2)(A) (“filing is not timely unless the clerk receives
the papers within the time fixed for filing”). Accordingly,
the court lacks jurisdiction to consider Randolph’s petition
and must dismiss it.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition is dismissed.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s23
Case: 13-3106 Document: 10 Page: 2 Filed: 07/18/2013

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