Case: 14-3119 Document: 15 Page: 1 Filed: 07/31/2014
NOTE: This order is nonprecedential.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 responds to this court’s order direct-
ing her to show cause why this petition should not be
dismissed as untimely. The Office of Personnel Manage-
ment (OPM) also responds. Cross separately moves to
proceed in forma pauperis.
On February 19, 2014, the Merit Systems Protection
Board denied Cross’s petition for review of an initial
decision that determined that OPM properly calculated
her creditable service toward a retirement annuity. The
Case: 14-3119 Document: 15 Page: 2 Filed: 07/31/2014
2 CROSS v. OPM
court received her petition for review on Tuesday, 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). In order to be timely, a petition for re-
view 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”). This filing period is “statutory, mandatory,
[and] jurisdictional.” Monzo v. Dep’t of Transp., 735 F.2d
1335, 1336 (Fed. Cir. 1984).
Because Cross’s petition concerning the Board’s final
order was filed after the statutory deadline for filing a
petition, we must dismiss the petition.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to proceed in forma pauperis is grant-
ed.
(2) The petition is dismissed.
(3) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
Case: 14-3119 Document: 15 Page: 3 Filed: 07/31/2014
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