PENN v. DEFENSE , No. 14-3023 (Fed. Cir. 2013)
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Case: 14-3023 Document: 4 Page: 1 Filed: 11/22/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JOHN EDWARD PENN, JR., Petitioner, v. DEPARTMENT OF DEFENSE, Respondent. ______________________ 2014-3023 ______________________ Petition for review of the Merit Systems Protection Board in No. AT3330120859-I-1. ______________________ PER CURIAM. ORDER Upon review of this recently docketed appeal, it appears that John Edward Penn, Jr. s appeal was not timely filed. On July 24, 2013, the Merit Systems Protection Board (Board) issued a final order dismissing Penn s case for lack of jurisdiction. The court received his notice of appeal on September 24, 2013; 61 days after the Board issued its decision. Case: 14-3023 Document: 4 Page: 2 2 Filed: 11/22/2013 PENN v. DEFENSE 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); see also Bowles v. Russell, 551 U.S. 205 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that cannot be waived). Accordingly, IT IS ORDERED THAT: (1) Penn is directed to show cause, within 30 days of the date of filing of this order why this appeal should not be dismissed. The Department of Defense may also respond within that time. (2) The briefing schedule is stayed. FOR THE COURT s26 /s/ Daniel E. O Toole Daniel E. O Toole Clerk
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