Jennifer West v. Office of Personnel Management

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3146
JENNIFER WEST,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
Petition for review of the Merit Systems Protection Board in CH0731080297-1-1.
Before GAJARSA, FRIEDMAN, and LINN, Circuit Judges.
PER CURIAM.
ORDER
Jennifer West requests reconsideration of this court's rejection of her petition for
review as untimely.
On September 19, 2008, the Board denied West's petition for review and
informed West that its decision was final and that any petition for review must be
received by this court within 60 calendar days of her receipt of the Board's decision.
West concedes that she filed her petition for review more than 60 days after receiving
the Board's decision. She indicates that she received the Board's final decision on
September 26, 2008. This court received West's petition for review on March 9, 2009.
A petition for review must be received by the court within 60 days of receipt of
the Board's final order. 5 U.S.C. § 7703(b)(1). To be timely filed, the petition must be

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received by this court on or before the date that the petition is due. Pinat v. Office of
Personnel Management, 931 F.2d 1544, 1546 (Fed. Cir. 1991) (petition is filed when
received by this court; court dismissed petition received nine days late). Because
West's petition was not timely received by this court, it must be dismissed.
Accordingly,
IT IS ORDERED THAT:
West's motion for reconsideration is denied. Her petition for review is
dismissed as untimely filed.
Each side shall bear its own costs.
(3) Any other pending motions are moot.
FOR THE COURT
MAY - 5 2009 /s/ Jan Horbalv
Jan Horbaly
Clerk UStakpriurr"
cc: Jennifer West
Antonia R. Soares, Esq. MAY -5 2009
s20 Mn Witutti.1
CLERK
Date
2009-3146 2

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