Christopher Johnson v. Department of Veterans Affairs

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

CHRISTOPHER JOHNSON,
Petitioner,
V.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.

2010-3164

Petition for review of the Merit Systems Protection
Board in case no. CH0752090100-I-1.

Before LOURIE, MAYER, and DYK, Circuit Judges.
PER CURIAM.

## ORDER

Christopher Johnson responds to the court's order di-
recting him to indicate when he received the final decision
of the Merit Systems Protection Board.

Johnson filed an appeal with the Board challenging
his termination as a pharmacy technician. On February
3, 2009 the administrative judge dismissed the case for
lack of jurisdiction, finding that Johnson had served in an
excepted position for less than two years and was not
preference eligible. Johnson petitioned the Board for

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review. The Board denied his petition for review on June
8, 2009. The Board's certified index reflects that the final
decision that was mailed to Johnson was returned as
undeliverable on July 27, 2009. This court received
Johnson's petition for review on July 19, 2010, nearly one
year after the Board's decision. We directed the Johnson
indicate when he received notice of the Board's decision so
that this court could determine whether his petition was
timely filed.

A petition for review of a Board decision must be filed
within 60 days of when the petitioner received notice of
the decision. See 5 U.S.C. § 7703(b)(1). In his response to
the court's order, Johnson does not indicate when he
received notice of the Board's decision. "A party seeking
the exercise of jurisdiction in its favor has the burden of
establishing that such jurisdiction exists." Rocovich v.
United States, 933 F.2d 991, 993 (Fed. Cir. 1991). In this
case, Johnson has not demonstrated that his petition is
timely and thus has not shown that the court has jurisdic-
tion. Thus, the petition is dismissed.

Accordingly,
IT IS ORDERED THAT:
The petition for review is dismissed.

FOR THE COURT

DEC 0 8 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Christopher Johnson
Michael D. Snyder, Esq.
s17

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
DEC 0 8 2010

JAN HORBALY
CLERK