Unpublished Dispositioncharles R. Calire, Petitioner, v. Office of Personnel Management, Respondent, 824 F.2d 980 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 980 (Fed. Cir. 1987) June 15, 1987

Before MARKEY, Chief Judge, RICH, Circuit Judge, and BALDWIN, Senior Circuit Judge.


The decision of the Merit Systems Protection Board in No. CH08318610487, dismissing the appeal as untimely, is affirmed. The petitioner filed his appeal approximately 40 days after the 20-day appeal period had expired without any explanation. See 5 CFR 1201.22(b); 1201.12. The administrative judge's decision not to waive the time limit was not arbitrary, capricious, an abuse of discretion, unsupported by the evidence, or otherwise not in accordance with law. 5 USC 7703(c); see Sheeran v. Merit Sys. Protection Bd., 746 F.2d 806, 807 (Fed. Cir. 1984); Phillips v. United States Postal Serv., 695 F.2d 1389, 1390-91 (Fed. Cir. 1982).