Irolene F. Whitehead v. Department of Defense

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3096
IROLENE F. WHITEHEAD,
Petitioner,
v.
DEPARTMENT OF DEFENSE,
Respondent.
Petition for review of the Merit Systems Protection Board in DC0752080376-I-1.
ON MOTION
Before NEWMAN, BRYSON, and DYK, Circuit Judges.
PER CURIAM.
ORDER
Irolene F. Whitehead moves for reconsideration of the court's previous rejection
of her petition for review as untimely.
On October 5, 2008, the Merit Systems Protection Board issued a final decision
in Whitehead v. Department of Defense, No. DC-0752-08-0376-I-1, specifying that its
decision was final and that any petition for review must be received by this court within
60 calendar days of receipt of the Board's decision. The Board's records reflect that
Whitehead received the Board's decision on October 17, 2008. The court received
Whitehead's petition for review 63 days later, on.December 19, 2008.
A petition for review of a Board decision must be filed within 60 days of receipt of
the decision. See 5 U.S.C. § 7703(b)(1). The 60-day filing period is "statutory,
mandatory, [and] jurisdictional." Monzo v. Dep't. of Transp. , 735 F.2d 1335, 1336 (Fed.
Cir. 1984); see also Oia v. Dep't of the Army 405 F.3d 1349, 1360 (Fed. Cir. 2005)

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("[c]ompliance with the filing deadline of 5 U.S.C. § 7703(b)(1) is a prerequisite to our
exercise of jurisdiction").
Because Whitehead's petition for review was received by this court three days
late, this court must dismiss Whitehead's petition as untimely.
Accordingly,
IT IS ORDERED THAT:
The motion is denied. The petition for review is dismissed as untimely.
Each side shall bear its own costs.
(3) All pending motions are moot.
FOR THE COURT
MAR 0 6 2009 /s/ Jan Horbalv
Date
cc: Irolene F. Whitehead
Ellen M. Lynch, Esq.
Jan Horbaly
Clerk FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 06 2009
s20
kultIORuALY
CLERK
2009-3096 - 2 -

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