NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2o0s-3213 LAvvRizNcE v_ vviLoER, sR., Petitioner, V. mmr sYsrEi\/is PRorEcrroN eoARo, Respondent. Petition for review of the lVlerit Systems Protection Board in DC3443080535-|-1. ON MOTlON Before MAYER, CLEVENGER, and RADER, Circuit Judges. PER CUR|AM. 0 R D E R Lawrence V. Wiider, Sr. moves for reconsideration of the court‘s previous rejection of his petition for review. \/wider also moves for leave to proceed in forma pauperis. On December 17, 2008, the Nlerit Systems Protection Board denied Wilder's petition for review and informed Wilder that its decision was final and that any petition for review must be received by this court within 60 calendar days of receipt of the Board’s decision. The Board served its decision on Wilder via electronic mail on December 17, 2008. Pursuant to the Board’s regulations "lVlSPB documents served electronically on registered e-H|ers are deemed received on the date of electronic submission," i.e., December 17 in this case. 5 CFR § 1201.14(m)(2). The court

received Wilder's petition for review on ll/lay 27, 2009, or 161 days after Wilder received the B0ard’s final order. A petition for review must be received by the court within 60 days of receipt of the Board's final order. 5 U.S.C. § 7703(b)(‘l). To be timely tiled, the petition must be received by this court on or before the date that the petition is due Pinat v. OfHce of Personnel |Vlanaqement, 931 F.2d 1544, 1546 (Fed. Cir. ‘l99‘l) (petition is filed when received by this court; court dismissed petition received nine days |ate). Because Wilder’s petition was not timely received by this court, it must be dismissed. Bowies v. B__uY_v_el|_, 551 U.S_ 205 (2007) (the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that cannot be waived). Accordingly, lT lS ORDERED THAT: (1) Wilder's motion for reconsideration is denied and the petition for review is dismissed as untimely filed (2) Wilder's motion for leave to proceed in forma pauperis is granted (3) Each side shall bear its own costs FOR THE COURT 1 fs/ Jan Horba| Date Jan Horbaly Clerk V _________ ___ cci Lawrence V. Wilder Sr. . ’ 5 Fl Stephanie Conley, Esq. &m0g0Fg ;U § s8 ' JUL 3 1 2009 C|.ERK