Robert v. Posey, Petitioner, v. Department of the Air Force, Respondent, 852 F.2d 1293 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 852 F.2d 1293 (Fed. Cir. 1989)

June 17, 1988. Rehearing Denied Jan. 6, 1989. Suggestion for Rehearing In Banc Declined Jan. 30, 1989

Before FRIEDMAN, RICH and PAULINE NEWMAN, Circuit Judges.


The decision of the Merit Systems Protection Board (board), in No. DE07528720398, dismissing the appeal as untimely, is affirmed. The petitioner filed this appeal more than 32 years after the effective date of his removal. The board's decision not to waive the time limit for filing the appeal because the petitioner had not shown good cause for the delay was not arbitrary, capricious, an abuse of discretion, unsupported by substantial 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, 1390-01 (Fed. Cir. 1982).