Vondelise Jones v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VONDELISE JONES,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1703
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0831-20-0072-I-1.
______________________
Before L OURIE, MAYER, and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s August 30, 2023, show cause
order, the Merit Systems Protection Board urges dismissal
of this petition for review as untimely. Vondelise Jones has
not responded.
Ms. Jones appealed to the Board from a decision of the
Office of Personnel Management finding she was not eligi-
ble for a survivor annuity. The administrative judge af-
firmed the decision. Ms. Jones petitioned the Board for
review. On January 24, 2023, the Board dismissed her
Case: 23-1703 Document: 21 Page: 1 Filed: 11/06/2023

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JONES v. MSPB 2
petition as untimely filed without good cause shown. This
court received Ms. Jones’s petition on March 28, 2023 (63
days after the Board’s January 2023 decision).*
“[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); cf. Fed. R. App. P. 26(b)(2)
(prohibiting this court from extending or reopening the
time to file the petition for review “unless specifically au-
thorized by law”). Because Ms. Jones’s petition for our re-
view was received outside of the 60-day filing deadline, we
dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) Each party shall bear its own costs.
* Although Ms. Jones checked the box in her
Form 10: Statement Concerning Discrimination indicating
that she raised a discrimination claim before the Board, see
ECF No. 7 at 1, the record before the court does not suggest
she raised such a claim during the Board proceedings.
Case: 23-1703 Document: 21 Page: 2 Filed: 11/06/2023

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JONES v. MSPB 3
(3) All pending motions are denied.
November 6, 2023
Date
F OR THE COURT
Case: 23-1703 Document: 21 Page: 3 Filed: 11/06/2023

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