Case: 13-3169 Document: 8 Page: 1 Filed: 10/02/2013
NOTE: This order is nonprecedential.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.
__________________________
ORDER
__________________________
Upon review of this recently docketed appeal, it ap-
pears that Pamela R. Jones’ appeal was not timely filed.
On May 30, 2013, the Merit Systems Protection Board
(Board) issued a final order dismissing her case for lack of
jurisdiction. The court received her notice of appeal on
July 31, 2013; 62 days after the Board issued its decision.
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 peti-
tion for review shall be filed within 60 days after the
Case: 13-3169 Document: 8 Page: 2 Filed: 10/02/2013
JONES v. ARMY 2
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) Jones is directed to show cause, within 21 days of
the date of filing of this order, why this appeal should not
be dismissed as untimely. The Department of the Army
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
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