Amy Akao v. Department of the Treasury

# NOTE: This order is nonprecedential.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

AMY AKAO
Petitioner,
V.
DEPARTMENT OF THE TREASURY
Respondent.

2012-3001

\-

Petition for review of the Merit Systems Protection
Board in case no. SF1221100963-W-1.

## ON MOTION

Before NEWMAN, LINN, and REYNA, Circuit Judges.
PER CURIAM.

## ORDER

Amy Akao moves for reconsideration of the court's
previous rejection of her petition for review.

The Merit Systems Protection Board issued its final
order on July 13, 2011. Ms. Akao received the order via
electronic mail on July 13, 2011. Ms. Akao's petition was

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received by this court on September 13, 2011, sixty-two
days after she received the Board's final order.

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, 127 S.Ct. 2360, 168 L.Ed.2d 96
(2007) (the timely filing of a notice of appeal in a civil case
is a jurisdictional requirement that cannot be waived).

Because Ms. Akao's petition was not received within
60 days of the date she received the Board's decision, we
must dismiss her petition as untimely.

Accordingly,
\-

IT IS ORDERED THAT:

1\) Ms. Akao's motion for reconsideration is denied,
and her petition is dismissed. Any other pending motions
are denied as moot.

(2) All sides shall bear their own costs.

FOR THE COURT

JAN 12 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Amy Akao
Cameron Cohick, Esq.
James M. Eisenmann, Esq.
$25

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 12 2012

JAN HORBALY
CLERK