NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
RENEE HARRIS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2011-3149
__________________________
Petition for review of the Merit Systems Protection
Board in case no. DC0752100086-I-2.
__________________________
Decided: January 8, 2013
__________________________
GEORGE M. CHUZI, Kalijarvi, Chuzi, Newman & Fitch,
P.C., of Washington, DC, argued for petitioner. Of coun-
sel was TRACY L. GONOS.
SARA B. REARDEN, Attorney, Office of the General
Counsel, Merit Systems Protection Board, of Washington,
DC, argued for respondent. With her on the brief were
JAMES M. EISENMANN, General Counsel, and KEISHA
DAWN BELL, Deputy General Counsel.
__________________________
HARRIS v. MSPB 2
Before DYK, PLAGER, and O’MALLEY, Circuit Judges.
PLAGER, Circuit Judge.
This appeal relates to the timeliness of a Petition for
Review that Petitioner, Ms. Renee Harris (“Ms. Harris”),
filed with the Merit Systems Protection Board (“Board”).
Ms. Harris filed a Petition for Review on June 11, 2010,
one day after the deadline of June 10, 2010. The Board
issued a Final Order rejecting her Petition as untimely.
After the Board issued its Final Order, additional
information came to light regarding Ms. Harris’ counsel
and his involvement in the late filing of her Petition for
Review. The Board should have an opportunity to
consider this additional information in deciding if Ms.
Harris has shown good cause for the late filing.
For this reason, we vacate the Board’s Final Order,
and we remand to give the Board an opportunity to con-
sider the full record and determine what, if any, action
should be taken.
VACATED AND REMANDED