U.S. Court of Appeals for the Federal Circuit, 1984

Robert Monzo, Jr. v. Department of Transportation, Federal Aviation Administration

U.S. Court of Appeals for the Federal Circuit · Decided April 6, 1984 · Bennett, Miller, Smith

735 F.2d 1335; 1984 U.S. App. LEXIS 15188 (Federal Reporter, Second Series)

Counsel

John J. Toomey and Gregory T. Oosterbaan, Chicago, Ill., for petitioner., Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, Asst. Director and M. Susan Burnett, Washington, D.C., for respondent., May Jennings, Washington, D.C., for Merit Systems Protection Bd.

Cases that cite this one

195 later published cases cite this decision. The 25 that cite it most often are listed here.

Robert K. Oja v. Department of the Army (Fed. Cir. 2005)
Fedora v. Merit Systems Protection Board (Fed. Cir. 2017)
Oja v. Dept. Of the Army (Fed. Cir. 2005)
Jones v. Department of Health & Human Services (Fed. Cir. 2016)
Brenndoerfer v. United States Postal Service (Fed. Cir. 2017)
Jones v. Secretary of Health & Human Services (United States Court of Federal Claims 2007)
Hough v. Office of Personnel Management (Fed. Cir. 2006)
Zacharczenko v. Department of Justice (Fed. Cir. 2006)
Donnelly v. United States Postal Service (Fed. Cir. 2005)
Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs (Fed. Cir. 1998)
Margaret F. Johnson v. James Burnley, Secretary of the Department of Transportation (4th Cir. 1991)
Balbino D. Zuniga v. Office of Personnel Management (Fed. Cir. 1991)
Harris v. United States (Court of Claims 1987)
Jimenez v. Duffy (United States District Court for the Eastern District of California 2025)
Rainsford v. SSA Commissioner (United States District Court for the Northern District of California 2025)
Federal Education Association v. Defense (Fed. Cir. 2018)
Federal Education Association v. Defense (Fed. Cir. 2018)
Allen v. MSPB (Fed. Cir. 2018)
Fed. Educ. Ass'n-Stateside Region v. Dep't of Def. (Fed. Cir. 2018)
Fed. Educ. Ass'n Stateside Region v. Dep't of Def. (Fed. Cir. 2018)
Tialino v. Merit Systems Protection Board (Fed. Cir. 2017)
Vocke v. Merit Systems Protection Board (Fed. Cir. 2017)
Jarmin v. Office of Personnel Management (Fed. Cir. 2017)
Fedora v. MSPB (Fed. Cir. 2017)
Fedora v. Merit Systems Protection Board (Fed. Cir. 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

BENNETT, Circuit Judge.

Respondent has moved to dismiss this appeal from the Merit Systems Protection Board (MSPB) on the ground that it is barred by the statute of limitations, 5 U.S.C. § 7703(b)(1) (1982). The statute provides in relevant part:

Notwithstanding any other provision of law, any petition for review must be filed within 30 days after the date the petitioner received notice of the final order or decision of the Board.

The MSPB order denying petitioner’s request for review was received by him on October 11, 1983, and by his attorney on October 14, 1983. The petition for review by this Court was received by the Clerk on November 14, 1983. Under the statute, the date of receipt by petitioner’s counsel is irrelevant where petitioner himself actually received notice. Receipt of notice by petitioner on October 11 triggered the statute of limitations and his appeal is late on its face. The 30-day period for appeal is statutory, mandatory, jurisdictional, and bars the claim here. Ramos v. United States, 683 F.2d 396 (Ct.Cl. 1982). Rule 26(c) of the Federal Rules of Appellate Procedure, which allows three extra days after “service of a paper” by mail, is not relevant to this case where the statute speaks of notice. Cf . FED.R.APP.P. 25(a).

IT IS THEREFORE ORDERED that respondent’s motion to dismiss is granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.