Gregory J. Hinds v. Department of Homeland Security

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GREGORY J. HINDS,
Petitioner,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
______________________
2014-3077
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-12-0294-I-1.
______________________
Before REYNA, BRYSON, and T ARANTO, Circuit Judge.
P ER CURIAM .
O R D E R
In light of the Department of Homeland Security’s re-
sponse to this court’s show cause order, we consider
whether Gregory J. Hinds’s petition should be dismissed
as untimely.
On December 17, 2013, the Merit Systems Protection
Board (Board) issued a final order denying Hinds’s peti-
tion for review. That same day, the Board served Mr.
Hinds and his counsel with a copy of its decision via
Case: 14-3077 Document: 12 Page: 1 Filed: 08/05/2014

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HINDS v. DHS 2
electronic mail. The court received Hinds’s 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). That statute provides, in rele-
vant part, that “any petition for review shall be filed
within 60 days after the Board issues notice of the final
order or decision of the Board.” In order to be timely, a
petition for review must be received by the court within
the filing deadline. Pinat v. Office of Pers. Mgmt., 931
F.2d 1544, 1546 (Fed. Cir. 1991) (petition is filed when
received by this court); Fed. R. App. P. 25(a)(2)(A) (“filing
is not timely unless the clerk receives the papers within
the time fixed for filing”). We have explained that this
filing period is “statutory, mandatory, [and] jurisdiction-
al.” Monzo v. Dep't of Transp., 735 F.2d 1335, 1336 (Fed.
Cir. 1984).
Because Hinds’s appeal was filed outside of the statu-
tory deadline for taking an appeal to this court, we must
dismiss the appeal.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed as untimely.
(2) All other pending motions are denied as moot.
(3) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
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