John L. Stone, Petitioner, v. Veterans Administration, Respondent, 884 F.2d 1397 (Fed. Cir. 1989)
Annotate this CaseBefore MARKEY, Chief Judge, and PAULINE NEWMAN and MAYER, Circuit Judges.
MAYER, Circuit Judge.
ORDER
The Veterans Administration moves to dismiss John L. Stone's petition for review for lack of jurisdiction. Stone has not filed a response.
The Merit Systems Protection Board's initial decision became final on September 27, 1987. Thirty-four days later, the court received Stone's petition for review.
Pursuant to 5 U.S.C. § 7703, a petitioner has 30 days to file a petition for review of a final Board decision. The 30-day period is statutory, mandatory, and jurisdictional. Monzo v. Department of Transportation, 735 F.2d 1335 (Fed. Cir. 1984). Accordingly, Stone's petition for review is untimely and must be dismissed.
Upon consideration thereof,
IT IS ORDERED THAT:
The Veteran Administration's motion to dismiss is granted.
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