Camilo Bautista, Petitioner, v. Office of Personnel Management, Respondent, 902 F.2d 44 (Fed. Cir. 1990)Annotate this Case
April 9, 1990
Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and L.T. SENTER, Jr., Chief Judge.*
Camilo Bautista (Bautista) appeals from the Merit Systems Protection Board's (board) dismissal of his petition for review of the initial decision as untimely filed. We affirm.
The February 9, 1988 initial decision informed Bautista that he had until March 15, 1988 to file a petition for review. Bautista filed his petition for review more than seven weeks late on May 6, 1988. See 5 C.F.R. Sec. 1201.114(d). Bautista did not respond to two board orders that provided him with the opportunity to establish good cause for the untimely filing. See 5 C.F.R. Sec. 1201.113(d). On this record, we find no error in the board's dismissal of Bautista's petition for review.
L.T. Senter, Chief Judge of the United States District Court for the Northern District of Mississippi, sitting by designation