Rufus M. Rolle, Petitioner, v. United States Postal Service, Respondent, 871 F.2d 1097 (Fed. Cir. 1989)

DECISION

The August 8, 1988, final order of the Merit Systems Protection Board (Board), Docket No. AT075287C9009, dismissing Rufus M. Rolle's petition for enforcement of the Board's final order in Rolle v. United States Postal Service, Docket No. AT07528710268, is reversed.

OPINION

The Board allowed the Postal Service to miss by 51 days the deadline for filing compliance evidence. However, when Rolle requested a 15-day extension, the Board failed to respond and subsequently dismissed Rolle's petition. Rolle, as a pro se litigant, is entitled to leniency with respect to court formalities. Kelley v. Secretary of Labor, 812 F.2d 1378, 1380 (Fed. Cir. 1987). The actions of the Board here constitute an abuse of discretion and the dismissal of Rolle's petition for enforcement must be reversed. See 5 U.S.C. § 7703(c) (1982) (the agency's action may be reversed if found to be an abuse of discretion); Jackson v. Veterans Admin., 768 F.2d 1325, 1329 n. 4 (Fed. Cir. 1985) (recognizing that 5 U.S.C. § 7703(c) is the standard for reviewing MSPB decisions).