Mikel Miller Petitioner, v. United States Postal Service, Respondent, 868 F.2d 1278 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 868 F.2d 1278 (Fed. Cir. 1989) Feb. 14, 1989

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.

PER CURIAM.


DECISION

The order of the Merit Systems Protection Board (board), No. SE08318710417 dismissing as untimely Mikel Miller's (Miller's) petition to the board, and his appeal from the United States Postal Service (agency), is affirmed.

OPINION

Board regulations govern the timeliness of appeals to the full board and from final agency actions. See 5 C.F.R. Secs. 1201.114(f) & 1201.22(b). On appeal, Miller cites no fact or law in conflict with the determinations that his appeals were late and that he failed to show good cause for his late filings. After full consideration of both decisions, we cannot say an abuse of discretion occurred in the dismissals of Miller's appeals. See Phillips v. United States Postal Service, 695 F.2d 1389, 1390-91 (Fed. Cir. 1982) ("Whether the regulatory time limit for an appeal should be waived in a particular case is a matter committed to the board's discretion....").

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