Tuhin K. Chaudhuri v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TUHIN K. CHAUDHURI,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2023-1890
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-1221-14-0553-W-2.
______________________
Before REYNA, T ARANTO, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Having considered the parties’ responses to the court’s
June 21, 2023, show cause order, we dismiss.
On March 2, 2023, the Merit Systems Protection Board
issued its final order denying Tuhin K. Chaudhuri’s re-
quest for corrective action in his individual right of action
appeal. The court received his petition on May 8, 2023,
ECF No. 1-2 at 1 (bearing date stamp for “RECEIVED” on
“May 08 2023”), 67 days after the Board’s final decision.
Case: 23-1890 Document: 13 Page: 1 Filed: 10/19/2023

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CHAUDHURI v. DVA 2
Under 5 U.S.C. § 7703(b)(1)(A), a petition for this
court’s review of a final decision by the Board must be filed
“within 60 days after the Board issues notice of the final . . .
decision.” This filing deadline is mandatory and jurisdic-
tional, and thus cannot be waived or equitably tolled. Fe-
dora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir.
2017). Since filing “requires actual receipt by the court, not
just timely mailing,” id.; see Fed. R. App. P. 25(a)(2)(A), Dr.
Chaudhuri missed the deadline, and we must therefore dis-
miss for lack of jurisdiction.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition is dismissed for lack of jurisdiction.
(2) Each side shall bear its own costs.
October 19, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1890 Document: 13 Page: 2 Filed: 10/19/2023

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