Nacos v. Department of Commerce
Opinion of the Court
ORDER
The court treats Reída P. Nacos’s correspondence concerning the timeliness of her petition for review as a motion for reconsideration of the court’s previous rejection of her petition for review as untimely.
On April 19, 2006, the Administrative Judge (AJ) issued an initial decision informing Nacos that the AJ’s decision would become a final Merit Systems Protection Board decision on May 24, 2006. Nacos v. Commerce, No. DC-0752-06-0223-1-1. The AJ’s decision specified that any petition for review must be filed with this court within 60 days of the date the decision became final, i.e., July 24, 2006. Nacos’s petition for review was received by the court on October 16, 2006, 145 days after the AJ’s decision became final.
Nacos states that on July 27, 2006, the Board granted her an extension of time to file a petition for review with the Board and thus the AJ’s decision did not become final until August 14, 2006.
The 60-day filing period is “statutory, mandatory, [and] jurisdictional.” Monzo v. Dept. of Transportation, Federal Aviation Administraiton, 735 F.2d 1335, 1336 (Fed.Cir. 1984). Because Nacos’s petition for review was received on October 16, 2006, 85 days late, this court must dismiss Nacos’s petition as untimely.
Accordingly,
IT IS ORDERED THAT:
(1) The motion for reconsideration is denied. The petition for review is dismissed as untimely.
(2) Each side shall bear its own costs.
Even if the Board’s July 27 order did affect the time for filing a petition for review in this court as Nacos argues it did, Nacos admits that she did not file her petition for review within 60 days of the extended date set forth in that order. Furthermore, Fed. R.App. P. 25(c) applies only when a party is required or permitted to act within a prescribed period after a paper is served on that party, and thus does not apply to the filing of petitions for review.
Reference
- Full Case Name
- Reida P. NACOS v. DEPARTMENT OF COMMERCE
- Status
- Published