Case: 14-3119 Document: 5 Page: 1 Filed: 06/13/2014
NOTE: This order is nonprecedential.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.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Upon review of this recently docketed petition for re-
view, it appears that Rebecca M. Cross’s petition was not
timely filed.
On February 19, 2014, the Merit Systems Protection
Board denied Cross’s petition for review of an initial
decision that determined that the Office of Personnel
Management properly calculated her creditable service
Case: 14-3119 Document: 5 Page: 2 Filed: 06/13/2014
2 CROSS v. OPM
toward a retirement annuity. The court received her
petition for review on April 22, 2014, which was 61 days
after the Board issued its final order.
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, mandato-
ry, [and] jurisdictional.” Monzo v. Dep’t of Transp., 735
F.2d 1335, 1336 (Fed. Cir. 1984).
Accordingly,
IT IS ORDERED THAT:
(1) Cross is directed to show cause, within 21 days of
the date of filing of this order, why this petition should
not be dismissed as untimely. The Office of Personnel
Management 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
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