Helen Karahalios, Petitioner, v. Office of Personnel Management, Respondent, 106 F.3d 424 (Fed. Cir. 1996)

Helen Karahalios moves for reconsideration of the court's determination that her petition for review was untimely.

On September 17, 1996, the Merit Systems Protection Board issued its final decision in Karahalios's case. The Board's tracking sheet indicates that Karahalios's representative received a copy of the decision on September 20, 1996. On October 22, 1996, 32 days after receipt of the decision, Karahalios filed her petition for review. A petition for review of a Board decision must be filed within 30 days after the date on which the petitioner or her representative receives notice of the decision. See 5 U.S.C. § 7703(b) (1). Karahalios argues that she mailed the petition for review on October 17, 1996 and that the petition should have reached the court by Monday, October 21, 1996, particularly because the Board received its copy of the petition on October 21. Nevertheless, this court did not receive the petition until October 22. We have no authority to waive the statutorily imposed 30-day requirement. Monzo v. Department of Transp., Fed. Aviation Admin., 735 F.2d 1335, 1336 (Fed. Cir. 1984) (30-day period is mandatory, statutory, and jurisdictional).

Accordingly,

IT IS ORDERED THAT:

(1) Karahalios's motion for reconsideration is denied; the petition for review is dismissed.

(2) Each side shall bear its own costs.