Karl Gibson v. Department of the Army

# NOTE: This order is nonprecedential.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

KARL GIBSON,
Petitioner,
v.
DEPARTMENT OF THE ARMY,
Respondent.

2011-3153

Petition for review of an arbitrator's decision in FMSC
no. 101028-00325-8 by Geoffrey L. Pratte.

ON MOTION

Before RADER, Chief Judge, DYK and O'MALLEY, Circuit
Judges.

PER CURIAM.

ORDER

The Department of the Army moves to waive the re-
quirements of Fed. Cir. R. 27(f) and to dismiss Karl
Gibson's petition for review as untimely. Gibson re-
sponds. The Army replies.

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On October 26, 2010, an arbitrator dismissed Gibson's
grievance. Gibson admits that he received the arbitra-
tor's decision by February 10, 2011. Gibson's petition for
review was received by the court on June 13, 2011, 123
days later.

A petition for review of an arbitrator's decision must
be filed within 60 days of receipt of notice of the decision.
5 U.S.C. §§ 7121(f), 7703(b)(1). The 60 day filing period is
"statutory, mandatory, [and] jurisdictional." See Monzo v.
Dept. of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984); see
also Oja v. Dept. of the Army, 405 F.3d 1349, 1360 (Fed.
Cir. 2005) ("[compliance with the filing deadline of 5
U.S.C. § 7703(b)(1) is a prerequisite to our exercise of
jurisdiction"). Because this petition was not timely re-
ceived by this court, it must be dismissed. Bowles v.
Russell, 551 U.S. 205 (2007) (the timely filing of a notice
of appeal in a civil case is a jurisdictional requirement
that cannot be waived).

Accordingly,

IT IS ORDERED THAT:

(1) The Army's motions are granted. Gibson's peti-
tion is dismissed.

(2) Each side shall bear its own costs.

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GIBSON v. ARMY
FOR THE COURT

NOV 14 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Karl Gibson
Ellen M. Lynch, Esq.
s20

Issued As A Mandate:

NOV 14 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 14 2011

JAN HORBALY
CLERK