Audrey H. Fuery, Petitioner, v. Merit Systems Protection Board, Respondent, 73 F.3d 380 (Fed. Cir. 1995)

Audrey Fuery petitions for review of a decision of the Merit Systems Protection Board (Board), Docket No. DA-0752-95-0048-I-1, dismissing his petition for appeal as untimely. We affirm.

DISCUSSION

The Board found that Mr. Fuery filed a petition for appeal of his removal from the agency 34 days after the filing deadline. The Board also found that Fuery was properly notified of the filing deadline, and that he failed to exercise diligence or ordinary prudence in filing his appeal in a timely manner. Consequently, the Board concluded that good cause was not shown for the filing delay. Fuery has not met his burden of proving that the Board's decision to dismiss his appeal was arbitrary, capricious, an abuse of discretion, procedurally incorrect, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 U.S.C. § 7703(c) (1994). Accordingly, we affirm.

COSTS

Each party to bear its own costs.