Bettie J. Woodward, Petitioner, v. Department of the Navy, Respondent, 954 F.2d 732 (Fed. Cir. 1991)

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US Court of Appeals for the Federal Circuit - 954 F.2d 732 (Fed. Cir. 1991) Dec. 9, 1991

Before ARCHER, LOURIE and ALARCON,*  Circuit Judges.



Bettie J. Woodward petitions for judicial review of the decision of the Merit Systems Protection Board (board), Docket No. SF07529019877, affirming her removal. We dismiss.

On May 22, 1991, the board issued a final decision in Ms. Woodward's case. The final decision informed Ms. Woodward that the Federal Circuit "must receive your request for review no later than 30 calendar days after receipt of this order...." According to the certified mail receipt, the final decision was received at Ms. Woodward's address on May 28, 1991. The petition for review to this court was therefore due on June 27, 1991. The court received Ms. Woodward's petition for review on July 9, 1991, twelve days after the June 27, 1991 deadline.

Pursuant to 5 U.S.C. § 7703(b) (1), a petition for review of a final board decision "must be filed within 30 days after the date the petitioner received notice of the final order or decision of the Board." Accordingly, because Ms. Woodward's petition for review was filed twelve days late, her petition must be dismissed for noncompliance with the statutory deadline. Pinat v. Office of Personnel Management, 931 F.2d 1544, 1546 (Fed. Cir. 1991); Monzo v. Department of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984).



Ms. Woodward's petition for judicial review is dismissed.


Honorable Arthur L. Alarcon of the United States Court of Appeals for the Ninth Circuit, sitting by designation