CROSS v. OPM , No. 14-3119 (Fed. Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on July 31, 2014.

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Case: 14-3119 Document: 17 Page: 1 Filed: 10/24/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ REBECCA M. CROSS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. ______________________ 2014-3119 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0831-12-0766-I-2. ______________________ Before REYNA, BRYSON, and TARANTO, Circuit Judges. PER CURIAM. ORDER Rebecca M. Cross moves for reconsideration of the court s July 31, 2014 order dismissing her petition. Any petition for review of a Merits Systems Protection Board decision must be filed within 60 days after the Board issues its decision and must be received by this court within that filing deadline. See 5 U.S.C. ยง 7703(b)(1)(A), Pinat v. Office of Pers. Mgmt., 931 F.2d 1544, 1546 (Fed. Cir. 1991), Fed. R. App. P. 25(a)(2)(A). This filing period is statutory, mandatory, [and] jurisdic- Case: 14-3119 Document: 17 2 Page: 2 Filed: 10/24/2014 CROSS v. OPM tional. Monzo v. Dep t of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984). Cross s petition concerning the Board s final order was received by this court after the statutory deadline for filing a petition. Because Cross s petition was not received by this court within 60 days of the date of the Board s decision, the court has no authority to hear the case, regardless of Cross s arguments as to her efforts to ensure the timely delivery of her petition. Accordingly, IT IS ORDERED THAT: The motion is denied. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26

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