CANGEMI v. OPM , No. 14-3039 (Fed. Cir. 2013)
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Case: 14-3039 Document: 7 Page: 1 Filed: 12/16/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JOSEPH CANGEMI, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. ______________________ 2014-3039 ______________________ Petition for review from the Merit Systems Protection Board in No. AT0845120495-I-2. ______________________ PER CURIAM. ORDER Upon review of this recently docketed petition for review, it appears that Joseph Cangemi s petition was not timely filed. On August 9, 2013, the Merit Systems Protection Board ( Board ) issued a final order finding that Cangemi was not entitled to a waiver of overpayment. The court received his petition for review on November 5, 2013; 88 days after the Board issued its decision. Case: 14-3039 Document: 7 Page: 2 2 Filed: 12/16/2013 CANGEMI v. OPM The time for filing a petition for review from 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). Accordingly, IT IS ORDERED THAT: (1) Cangemi is directed to show cause, within 21 days of the date of filing of this order, why this peition should not be dismissed as untimely. The Board may also respond within that time. (2) The briefing schedule is stayed. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26
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