Dawn Shipley-Johnson v. United States Postal Service

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# United States Court of Appeals for the Federal Circuit

DAWN SHIPLEY-JOHNSON,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.

2010-3172

Petition for review of the Merit Systems Protection
Board in case no. NY3443100129-I-1.

## ON MOTION

Before GAJARSA, SCHALL, and MOORE, Circuit Judges.
PER CURIAM.

## ORDER

The United States Postal Services moves to dismiss
Dawn Shipley-Johnson's petition for review as untimely.
Shipley-Johnson opposes. The Postal Service moves for
an extension of time to file a reply and replies. Shipley-
Johnson submits a motion for reconsideration of the
court's initial rejection of her petition for review.

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The Merit Systems Protection Board dismissed Ship-
ley-Johnson's appeal and informed Shipley-Johnson that,
if she did not petition the full Board for review of the
Administrative Judge's decision, the Board's decision
would become final on May 26, 2010. The Board informed
Shipley-Johnson that any petition seeking review by this
court must be received by this court within 60 calendar
days of the date that the Board's decision became final.
Shipley-Johnson did not petition the full Board for review.
Her petition seeking review by this court was received on
July 27, 2010, or 62 days after the Board's decision be-
came final.

A petition for review must be received by the court
within 60 days of receipt of the Board's final order. 5
U.S.C. § 7703(b)(1). A petition for review must be re-
ceived by this court within the deadline and not merely
mailed before the deadline. Fed. R. App. P. 25(a)(2)(A).
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 Oja v. Dep't 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 prerequi-
site to our exercise of jurisdiction"). Because Shipley-
Johnson's petition was not timely received by this court, it
must be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1) The motion for an extension of time is granted.

(2) The motion to dismiss is granted.

(3) All other pending motions are denied as moot.

(4) Each side shall bear its own costs.

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SHIPLEY-JOHNSON v. USPS
FOR THE COURT

NOV 1 5 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Dawn Shipley-Johnson
Armando A. Rodriguez-Feo, Esq.
s20

Issued As A Mandate:

NOV 1 5 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 15 2010

JAN HORBALY
CLERK