Charlena Matlock, Petitioner, v. Department of the Army, Respondent, 904 F.2d 44 (Fed. Cir. 1990)
Annotate this CaseON MOTION
Before ARCHER, Circuit Judge, and BALDWIN and BENNETT, Senior Circuit Judges.
ORDER
ARCHER, Circuit Judge.
The Department of the Army moves to dismiss Charlena Matlock's petition for review for lack of jurisdiction. Matlock opposes the motion.
On November 21, 1989, the Merit Systems Protection Board issued a final decision. Matlock states that her representative received a copy of the decision on November 28, 1989. Accordingly, the deadline for filing a petition for review was 30 days thereafter, i.e., December 28, 1989. This court received Matlock's petition on January 2, 1990.
Any petition for review must be filed within 30 days after the date the petitioner received notice of a final MSPB decision. The 30-day period for appeal is "statutory, mandatory, and jurisdictional." Monzo v. Department of Transportation, 735 F.2d 1335, 1336 (Fed. Cir. 1984). Matlock's petition was not filed within 30 days and must be dismissed.
Accordingly,
IT IS ORDERED THAT:
The Department of the Army's motion to dismiss is granted.
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