Enamul Haqe Chowdhury v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ENAMUL HAQE CHOWDHURY,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1973
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-3443-21-0635-I-1.
______________________
ON MOTION
______________________
P ER CURIAM .
O R D E R
Following review of the parties’ responses1 to this
court’s show cause order regarding this court’s jurisdiction,
we dismiss.
1 The court construes Enamul Haqe Chowdhury’s
motion received on August 9, 2023 (ECF No. 17-1), as a
Case: 23-1973 Document: 19 Page: 1 Filed: 10/23/2023

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CHOWDHURY v. MSPB 2
Mr. Chowdhury filed an appeal with the Merit Systems
Protection Board based on denial of a grant application.
The administrative judge dismissed for lack of jurisdiction,
and, on January 23, 2023, the Board dismissed his petition
for review as untimely. On May 28, 2023, this court re-
ceived Mr. Chowdhury’s petition for review identifying a
Board decision purported to be issued on “03/28/2023.”
“[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,” 5
U.S.C. § 7703(b)(1)(A). This deadline is jurisdictional and
cannot be extended based on individual circumstances. Fe-
dora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir.
2017). Here, the petition for review was filed more than 60
days after the Board’s decision. And although Mr. Chow-
dhury’s petition seeks review of a Board decision from
March 28, 2023, no such decision appears to exist. We
therefore dismiss.2
Accordingly,
request to permit him to file documents with the court via
email. The court grants that request only to the extent that
his response to the show cause order (ECF No. 17-2) is ac-
cepted. Mr. Chowdhury should comply with the rules of
this court, which generally prohibit filing of documents via
email, Fed. Cir. R. 25(a)(1) (“[E]mail transmission of docu-
ments will not be accepted.”), and his election to file
through the court’s electronic filing system (CM/ECF).
2 Mr. Chowdhury’s submissions to this court indicate
that he raised some kind of discrimination claim before the
Board, ECF No. 6, but, as the Board notes, the record does
not support any contention that this is a mixed case under
5 U.S.C. § 7703(b)(2).
Case: 23-1973 Document: 19 Page: 2 Filed: 10/23/2023

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CHOWDHURY v. MSPB 3
I T I S O RDERED T HAT :
(1) ECF No. 17-1 is granted only to the extent that
ECF No. 17-2 is accepted as Mr. Chowdhury’s response to
the court’s show cause order. The motion is otherwise de-
nied.
(2) The petition for review is dismissed.
(3) All pending motions are denied.
(4) Each side shall bear its own costs.
October 23, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1973 Document: 19 Page: 3 Filed: 10/23/2023

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