Peter J. Kelly, Petitioner, v. United States Postal Service, Respondent.andmerit Systems Protection Board, Intervenor, 988 F.2d 129 (Fed. Cir. 1992)

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U.S. Court of Appeals for the Federal Circuit - 988 F.2d 129 (Fed. Cir. 1992) Dec. 30, 1992

55 M.S.P.R. 102.


Before MAYER, Circuit Judge, COWEN, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.


The Merit Systems Protection Board*  moves to dismiss Peter J. Kelly's petition for review because it was untimely filed.

Kelly received a copy of the Board's decision on September 14, 1992, as evidenced by the certified return receipt. Thirty-two days later on October 16, 1992, Kelly filed a petition for review with this court.

Pursuant to 5 U.S.C. § 7703(b) (1), a petition for review must be filed within 30 days of receipt of the Board's final decision. The 30-day period is "statutory, mandatory, jurisdictional" and cannot be waived. Monzo v. Department of Transportation, 735 F2d 1335, 1336 (Fed.Cir1984); Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991). Kelly's petition for review was filed beyond the statutory period and must be dismissed.



(1) The Board's motion to dismiss is granted.

(2) Each side shall bear its own costs.


We, sua sponte, grant the Board leave to intervene for purposes of filing this motion