JONES v. ARMY , No. 13-3169 (Fed. Cir. 2013)

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Case: 13-3169 Document: 12 Page: 1 Filed: 12/12/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ PAMELA R. JONES, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent. __________________________ 2013-3169 __________________________ Petition for review of the Merit Systems Protection Board in No. DA0752120521-I-1. __________________________ Before RADER, Chief Judge, LOURIE and TARANTO, Circuit Judges. PER CURIAM. ORDER The court considers whether this appeal should be dismissed for lack of jurisdiction. On May 30, 2013, the Merit Systems Protection Board (Board) issued its final order dismissing Pamela R. Jones case for lack of jurisdiction. The Board s decisions note that Jones signed up to receive documents by electronic mail. The court received her petition for review on July Case: 13-3169 JONES Document: 12 Page: 2 Filed: 12/12/2013 v. ARMY 2 31, 2013; 62 days after Jones was deemed to receive the Board s decision. See 5 C.F.R. § 1201.14(m)(2). Our review of a Board decision or order is governed by 5 U.S.C. § 7703(b)(1), which provides in relevant part that [n]otwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board. 5 U.S.C. § 7703(b)(1)(A). This filing period is statutory, mandatory, [and] jurisdictional. Monzo v. Dep t of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984). Because Jones appeal as to the underlying judgment was filed outside of the statutory deadline for taking an appeal to this court, we must dismiss the appeal. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26

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