Lewis Halpern, Petitioner, v. Federal Emergency Management Agency, Respondent, 848 F.2d 1245 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 848 F.2d 1245 (Fed. Cir. 1988) May 11, 1988

Before NIES, Circuit Judge, BALDWIN, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.



Lewis Halpern seeks review of the final decision of the Merit Systems Protection Board, Docket No. CH07528710578, which dismissed his appeal of the Federal Emergency Management Agency's action suspending him for thirty days on the grounds that his petition was not timely filed and that good cause had not been shown for a waiver of the time limits. We affirm.


We have reviewed the record and the board's opinion in light of Halpern's argument that the board "did not consider the extenuating circumstances nor did they consider [his] actions." Contrary to Halpern's argument, we are satisfied that the board carefully analyzed all of the circumstances, including Halpern's actions, in its opinion. No abuse of discretion has been shown. Accordingly, we affirm on the basis of the board's opinion.