Pamela R. Jones v. Department of the Army

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
PAMELA R. JONES,
Petitioner,
v.
DEPARTMENT OF THE ARMY,
Respondent.
__________________________
2013-3169
__________________________
Petition for review of the Merit Systems Protection
Board in No. DA0752120521-I-1.
__________________________
Before RADER, Chief Judge, L OURIE and T ARANTO,
Circuit Judges.
P ER CURIAM .
O R D E R
The court considers whether this appeal should be
dismissed for lack of jurisdiction.
On May 30, 2013, the Merit Systems Protection Board
(Board) issued its final order dismissing Pamela R. Jones’
case for lack of jurisdiction. The Board’s decisions note
that Jones signed up to receive documents by electronic
mail. The court received her petition for review on July
Case: 13-3169 Document: 12 Page: 1 Filed: 12/12/2013

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JONES v. ARMY 2
31, 2013; 62 days after Jones was deemed to receive the
Board’s decision. See 5 C.F.R. § 1201.14(m)(2).
Our review of a Board decision or order is governed by
5 U.S.C. § 7703(b)(1), which provides in relevant part that
“[n]otwithstanding any other provision of law, any peti-
tion for review shall be filed within 60 days after the
Board issues notice of the final order or decision of the
Board.” 5 U.S.C. § 7703(b)(1)(A). This filing period is
“statutory, mandatory, [and] jurisdictional.” Monzo v.
Dep’t of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984).
Because Jones’ appeal as to the underlying judgment was
filed outside of the statutory deadline for taking an appeal
to this court, we must dismiss the appeal.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 13-3169 Document: 12 Page: 2 Filed: 12/12/2013

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