Case: 22-1255 Document: 10 Page: 1 Filed: 04/05/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
IRENE D. CAMPBELL,
Petitioner
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent
______________________
2022-1255
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-844E-21-0048-I-1.
______________________
Before PROST, REYNA, and CUNNINGHAM, Circuit Judges.
PER CURIAM.
ORDER
In response to the court’s February 3, 2022 order to
show cause, the Office of Personnel Management urges dis-
missal of this petition for review as untimely. Irene D.
Campbell has not responded.
Ms. Campbell filed an appeal at the Merit Systems Pro-
tection Board seeking review of the denial of her applica-
tion for disability retirement. On April 7, 2021, the
administrative judge (AJ) issued an initial decision affirm-
ing the Office of Personnel Management’s decision. That
Case: 22-1255 Document: 10 Page: 2 Filed: 04/05/2022
2 CAMPBELL v. OPM
decision became the final decision of the Board on May 12,
2021, because Ms. Campbell did not seek further review at
the Board. This court received Ms. Campbell’s petition for
review 211 days later, on December 9, 2021.
Section 7703(b)(1)(A) of title 5 of the U.S. Code states
that a petition for review from the Board “shall be filed
within 60 days after the Board issues notice of the final or-
der or decision of the Board.” 5 U.S.C. § 7703(b)(1)(A). This
court has held that section 7703(b)(1)(A)’s deadline is juris-
dictional and not subject to equitable tolling. See Fedora v.
Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017)
(confirming that § 7703(b)(1)(A)’s deadline is jurisdic-
tional). Thus, we may only consider whether the petition
for review was timely filed. Ms. Campbell’s petition here
was received outside of the 60-day filing deadline, and we
therefore must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
April 5, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court