Damian L. Brown v. United States Postal Service

# NOTE: This order is nonprecedential.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

DAMIAN L. BROWN,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.

2012-3002

Petition for review of the Merit Systems Protection
Board in case no. CH0752080818-I-2.

ON MOTION

Before LOURIE, PROST, and MOORE, Circuit Judges.
PER CURIAM.

## ORDER

Damian L. Brown moves for reconsideration of the
court's previous rejection of his petition for review.

The Merit Systems Protection Board issued its final
order on June 16, 2011. Mr. Brown received the order on
June 19, 2011. Mr. Brown submitted a "petition for
review" with this court on August 11, 2011, via facsimile.

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Per Federal Circuit Rule 25, a petition for review may not
be filed via facsimile. Accordingly, no appeal was dock-
eted. On September 9, 2011, more than 60 days after the
date he received the Board's final decision, Mr. Brown
filed his petition for review with the court via United
States mail.

Our review of a Board decision or order is governed by
5 U.S.C. § 7703(b)(1), which provides that
"[n]otwithstanding any other provision of law, any peti-
tion for review must be filed within 60 days after the date
the petitioner received notice of the final order or decision
of the board." This filing period is "statutory, mandatory,
[and] jurisdictional." Monzo v. Dep't of Transportation,
735 F.2d 1335, 1336 (Fed. Cir. 1984); see also 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).

Because Mr. Brown's petition was not received within
60 days of the date he received the Board's decision, we
must dismiss his petition as untimely.

Accordingly,

IT IS ORDERED THAT:

1\) Mr. Brown's motion for reconsideration is denied,
and his petition is dismissed.

(2) All sides shall bear their own costs.

FOR THE COURT

FEB 06 2012

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
FEB 06 2012

JAN HORBALY
CLERK

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cc: Damian L. Brown
Robert C. Bigler, Esq.
s25

Issued As A Mandate:

FEB 06 2012