Heather A. Melton v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
HEATHER A. MELTON,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2022-1993
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0752-09-0448-M-1.
______________________
Before H UGHES , WALLACH , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
In response to the court’s August 31, 2022, order to
show cause, the Merit Systems Protection Board urges dis-
missal of this petition for review as untimely. Heather A.
Melton has not responded.
The Board entered its final decision in this case on
April 21, 2022, affirming the dismissal of Ms. Melton’s pe-
tition for enforcement. This court received Ms. Melton’s
petition for review seventy-one days later, on July 1, 2022.
Case: 22-1993 Document: 17 Page: 1 Filed: 11/09/2022

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MELTON v. MSPB 2
Section 7703(b)(1)(A) of title 5 of the U.S. Code man-
dates that a petition for review “shall be filed within 60
days after the Board issues notice of the final order or de-
cision of the Board.” This deadline is jurisdictional and not
subject to equitable tolling. See Fedora v. Merit Sys. Prot.
Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017). Thus, we only
consider whether the petition for review was timely filed.
Ms. Melton’s petition here was received outside of the 60-
day filing deadline, and we therefore dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
November 9, 2022
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-1993 Document: 17 Page: 2 Filed: 11/09/2022

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