NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELBERT HICKS,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.
______________________
2014-3017
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-3443-12-0485-I-1.
______________________
ON MOTION
______________________
Before LOURIE, MOORE, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
The United States Postal Service moves without
opposition to dismiss Elbert Hicks’s appeal from the Merit
Systems Protection Board (“Board”).
Any petition for review of a Board decision must be
filed within 60 days after the Board issues notice of its
final order or decision. 5 U.S.C. § 7703(b)(1)(A). The
2 HICKS v. USPS
petition for review must be received by this court before
the expiration of § 7703(b)(1)(A)’s filing deadline. Pinat v.
Office of Pers. Mgmt., 931 F.2d 1544, 1546 (Fed. Cir. 1991)
(citing Fed. R. App. P. 15(a), 25(a)). The 60-day period for
appeal is “statutory, mandatory, [and] jurisdictional.”
Monzo v. Dep’t of Transp., 735 F.2d 1335, 1336 (Fed. Cir.
1984).
Mr. Hicks sought our review of Board adjudications in
two separate cases. He failed to file a petition for review
before the statutory deadline for either case. Because this
court did not receive a timely-filed petition for review, we
have no authority to decide his case.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted and the case is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
November 26, 2014 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
C: Elbert Hicks
Daniel S. Herzfeld, Trial Attorney