DUNBAR V. USPS , No. 13-3035 (Fed. Cir. 2013)
Annotate this Case
Download PDF
Case: 13-3035 Document: 10 Page: 1 Filed: 03/04/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ TREVOR L. DUNBAR, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. __________________________ 2013-3035 __________________________ Petition for review of the Merit Systems Protection Board in case no. SF0752090788-B-1. __________________________ ON MOTION __________________________ Before NEWMAN, LOURIE, and REYNA, Circuit Judges. PER CURIAM. ORDER The United States Postal Service moves for dismissal of the appeal as untimely. The Merit Systems Protection Board issued its final order on May 24, 2011, and the order was subsequently Case: 13-3035 Document: 10 Page: 2 TREVOR DUNBAR V. USPS Filed: 03/04/2013 2 sent to Mr. Dunbar. The order was returned to the MSPB, and Mr. Dunbar requested that another copy be sent to him. The MSPB sent a second copy of the final decision to Mr. Dunbar on July 19, 2012, via certified mail, which indicates receipt on July 24, 2012. On October 9, 2012, more than 60 days after he received the copy of the final order, Mr. Dunbar filed his petition for review with the court. Our review of a Board decision or order is governed by 5 U.S.C. ยง 7703(b)(1), which provides that [n]otwithstanding any other provision of law, any petition for review must be filed within 60 days after the date the petitioner received notice of the final order or decision of the board. This filing period is statutory, mandatory, [and] jurisdictional. Monzo v. Dep't of Transportation, 735 F.2d 1335, 1336 (Fed. Cir. 1984); see also Bowles v. Russell, 551 U.S. 205 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that cannot be waived). Because Mr. Dunbar s petition was not received within 60 days of the date he received the Board's decision, we must dismiss his petition as untimely. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss is granted. (2) All pending motions are moot. (3) Each side shall bear its own costs. Case: 13-3035 3 Document: 10 Page: 3 Filed: 03/04/2013 TREVOR DUNBAR V. USPS FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk Issued As A Mandate: March 4, 2013 s24
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
