Pamela Long v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PAMELA LONG,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2023-2406
______________________
Petition for review of the Merit Systems Protection
Board in Nos. CH-1221-18-0286-C-1 and CH-1221-18-
0286-W-1.
______________________
ON MOTION
______________________
Before L OURIE, M AYER, and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
The Department of Veterans Affairs (DVA) moves to
dismiss the petition for review as untimely. Pamela Long
has since filed her opening brief but has not responded to
the motion. We grant the motion and dismiss.
Case: 23-2406 Document: 11 Page: 1 Filed: 11/07/2023

-- 1 of 2 --

LONG v. DVA 2
On September 18, 2023, this court received Ms. Long’s
petition seeking review of the July 13, 2023, final decision
of the Merit Systems Protection Board. Under 5 U.S.C.
§ 7703(b)(1)(A), “a petition to review a final order or final
decision of the Board . . . shall be filed within 60 days after
the Board issues notice of the final order or decision of the
Board.” This timeliness requirement is jurisdictional,
which “precludes equitable exceptions.” Fedora v. Merit
Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017); 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 authorized by law”). Because this petition was
not filed within the 60-day statutory deadline, we dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted. The petition for
review is dismissed.
(2) Each side shall bear its own costs.
(3) All other pending motions are denied as moot.
November 7, 2023
Date
F OR THE COURT
Case: 23-2406 Document: 11 Page: 2 Filed: 11/07/2023

-- 2 of 2 --