Frances G. Brown v. Department of the Navy

# NOTE: This order is nonprecedential.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

FRANCES G. BROWN,
Petitioner,
v.
DEPARTMENT OF THE NAVY,
Respondent.

2011-3026

Petition for review of the Merit Systems Protection
Board in case no. AT0752930032-C-2.

FRANCES G. BROWN,
Petitioner,
V.
DEPARTMENT OF THE NAVY,
Respondent.

2011-3122

Petition for review of the Merit Systems Protection
Board in case no. AT4324100035-I-1.

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## ON MOTION

Before GAJARSA, MAYER, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

Frances G. Brown responds to the court's letter
returning her petition for review from the Merit Systems
Protection Board in no. 2011-3122 as untimely and moves
to consolidate that case with her petition for review in
2011-3026. Brown also requests help to "get EEOC to
remedy [her] EEO claims."

With regard to Brown's petition in 2011-3122, the full
Board issued its decision declining to review her petition on
September 29, 2010. According to Brown, she received that
decision on October 4, 2010. This court received her
petition for review 63 days after she received the Board's
decision. A petition for review must be received by this
court "within 60 days after the date the petitioner received
notice of the final order or decision of the Board." 5 U.S.C.
§ 7703(b)(1). This filing period is "statutory, mandatory,
[and] jurisdictional." Monzo v. Dept. of Transportation,
Federal Aviation Administration, 735 F.2d 1335, 1336 (Fed.
Cir. 1984). Because Brown's petitions for review were
received by the court more than 60 days after receipt of the
Board's decision, Brown's petition for review in 2011-3122
was untimely and correctly returned.

With regard to Brown's timely petition in 2011-3026,
this is a court of limited jurisdiction, which does not
include jurisdiction over the Equal Employment
Opportunity Commission (EEOC). This court is therefore

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without authority to direct the EEOC to issue a final
decision in her appeal and must deny her motion on that
basis.

Accordingly,

IT IS ORDERED THAT:

(1) The petition for review in 2011-3122 is dismissed.

(2) Each side shall bear its own costs as to 2011-3122.

(3) Brown's motion to consolidate 2011-3122 and 2011-
3026 is moot.

(4) Brown's motion with regard to her EEOC claims is
denied.

(5) Brown's brief in 2011-3026 and the $450 filing fee
are due within 30 days of the date of filing of this order.

FOR THE COURT

MAY 26 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Frances G. Brown
Scott A. MacGriff, Esq.
s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 2 6 2011

JAN HORBALY
CLERK