62 F.3d 1430: Lino Z. Carpio, Petitioner, v. Office of Personnel Management, Respondent
United States Court of Appeals, Federal Circuit. - 62 F.3d 1430
June 28, 1995
MAYER, Circuit Judge.
The Office of Personnel Management (OPM) moves for summary affirmance of the Merit System Protection Board's decision holding that Lino Z. Carpio was not entitled to retirement benefits under the Civil Service Retirement Act (CSRA), 5 U.S.C. Sec. 8331 et seq. There has been no response. Luz S. Carpio, Mr. Carpio's widow, moves to substitute Rizalino S. Cayle for Mr. Carpio. OPM has not responded.
Mr. Carpio was employed from 1954 until 1987 by the Department of the Navy in Subic Bay, the Philippines. In 1987, Mr. Carpio retired from service. In 1993, he applied for retirement benefits under the CSRA. OPM denied Mr. Carpio's application, and he appealed OPM's denial to the Board. The Board affirmed the denial, and Mr. Carpio petitioned this court for review. While the petition was pending, the court received information that Mr. Carpio died. Now Mr. Carpio's personal representative before the Board, a non-attorney, seeks to be substituted.
Rizalino S. Cayle, a non-attorney, may not represent Mr. Carpio's estate. While a party may represent himself of herself pro se, entities must be represented by counsel.* 28 U.S.C. Sec. 1654, Fed.Cir.R. 47.3(a).
IT IS ORDERED THAT:
(1) Mr. Carpio's petition for review is dismissed sua sponte. The dismissal is without prejudice to reinstatement should counsel enter an appearance on behalf of the estate.
(2) OPM's motion for summary affirmance is denied.