Ricardo R. Castillejos v. Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RICARDO R. CASTILLEJOS,
Petitioner
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent
______________________
2023-1207
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0831-17-0586-I-1.
______________________
P ER CURIAM .
O R D E R
Having considered all responses from the parties to
this court’s order directing them to address whether this
court has jurisdiction over Ricardo R. Castillejos’ petition
for review of a decision from the Merit Systems Protection
Board, we conclude that we lack jurisdiction.
Mr. Castillejos’ petition seeks review of the Board’s fi-
nal September 12, 2022, decision, but this court did not re-
ceive his petition until November 22, 2022, 71 days later.
Under 5 U.S.C. § 7703(b)(1)(A), a petition to review a final
decision by the Board must be filed “within 60 days after
Case: 23-1207 Document: 7 Page: 1 Filed: 04/06/2023

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CASTILLEJOS v. OPM 2
the Board issues notice of the final . . . decision,” and this
deadline is mandatory and jurisdictional. Fedora v. Merit
Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017). It also
“requires actual receipt by the court, not just timely mail-
ing.” Id.; see Fed. R. App. P. 25(a)(2)(A). Because the peti-
tion is untimely, we dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) Each party shall bear its own costs.
April 6, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1207 Document: 7 Page: 2 Filed: 04/06/2023

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