Unpublished Dispositionparaiso R. Geronimo, Petitioner, v. Office of Personnel Management, Respondent, 826 F.2d 1072 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1072 (Fed. Cir. 1987) July 15, 1987

Before MARKEY, Chief Judge, and RICH and DAVIS, Circuit Judges.


The decision of the Merit Systems Protection Board (board) in No. SE08318610228, dismissing the appeal as untimely, is affirmed. The petitioner filed his appeal thirty-six to forty days after the 20-day appeal period had expired. See 5 CFR 1201.22(b). The board's decision not to waive the time limit because the petitioner had not shown good cause for the delay 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).