HINDS v. DHS , No. 14-3077 (Fed. Cir. 2014)

Annotate this Case

Download PDF

Case: 14-3077 Document: 12 Page: 1 Filed: 08/05/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ GREGORY J. HINDS, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. ______________________ 2014-3077 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-12-0294-I-1. ______________________ Before REYNA, BRYSON, and TARANTO, Circuit Judge. PER CURIAM. ORDER In light of the Department of Homeland Security s response to this court s show cause order, we consider whether Gregory J. Hinds s petition should be dismissed as untimely. On December 17, 2013, the Merit Systems Protection Board (Board) issued a final order denying Hinds s petition for review. That same day, the Board served Mr. Hinds and his counsel with a copy of its decision via Case: 14-3077 Document: 12 Page: 2 Filed: 08/05/2014 2 HINDS v. DHS electronic mail. The court received Hinds s petition for review on March 4, 2014, 77 days after the final order. Our review of a Board decision or order is governed by 5 U.S.C. § 7703(b)(1). That statute provides, in relevant part, that any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board. In order to be timely, a petition for review must be received by the court within the filing deadline. Pinat v. Office of Pers. Mgmt., 931 F.2d 1544, 1546 (Fed. Cir. 1991) (petition is filed when received by this court); Fed. R. App. P. 25(a)(2)(A) ( filing is not timely unless the clerk receives the papers within the time fixed for filing ). We have explained that this filing period is statutory, mandatory, [and] jurisdictional. Monzo v. Dep't of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984). Because Hinds s appeal 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 as untimely. (2) All other pending motions are denied as moot. (3) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s24

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.