Unpublished Dispositioncraig Williams, Petitioner, v. United States Postal Service, Respondent, 826 F.2d 1071 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1071 (Fed. Cir. 1987) July 10, 1987

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board (board), Docket No. NY07528610442, dismissing Craig Williams' appeal as untimely filed, 5 C.F.R. Sec. 1201.12(b), is affirmed.

OPINION

Board regulation requires that an appeal be filed within twenty days of the discharge. 5 C.F.R. Sec. 1201.22(b). Williams has not shown good cause why his untimeliness of nearly six years before filing his appeal should be waived. 5 C.F.R. Sec. 1201.12. Williams failed to respond to the board's order requesting information concerning the board's jurisdiction. Thus, on the present record, we are unable to conclude that the board's order dismissing his appeal was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or that it was unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982); see Phillips v. United States Postal Service, 695 F.2d 1389, 1390-91 (Fed. Cir. 1982).