Norma Maria Baker v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
NORMA MARIA BAKER,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1585
______________________
Petition for review of the Merit Systems Protection
Board in No. NY-3443-22-0050-I-1.
______________________
Before L OURIE, H UGHES , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
On January 18, 2023, this court received a submission
from Norma Maria Baker that was docketed as a petition
to review the Merit Systems Protection Board’s March 15,
2022, final decision in Board No. NY-3443-22-0050-I-1 (the
only matter identified in the petition). Responding to this
court’s show cause order, the Board urges the court to dis-
miss as untimely. Ms. Baker has not responded.
Case: 23-1585 Document: 9 Page: 1 Filed: 07/06/2023

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BAKER v. MSPB 2
“[A] petition to review a final order or final decision of
the Board shall be filed in the United States Court of Ap-
peals for the Federal Circuit . . . within 60 days after the
Board issues notice of the final order or decision.” 5 U.S.C.
§ 7703(b)(1)(A). This requirement is “mandatory and juris-
dictional,” and thus cannot be waived or equitably tolled.
Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed.
Cir. 2017) (citation omitted). Because Ms. Baker’s petition
was not received within that time, we dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
July 6, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1585 Document: 9 Page: 2 Filed: 07/06/2023

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