McQuerter v. Office of Personnel Management
Opinion of the Court
ON MOTION
ORDER
The court treats the Kenya McQuerter’s letter, received by the court on December 28, 2009, as a motion for reconsideration of the court’s previous rejection of her petition for review as untimely. McQuerter also moves for leave to proceed in forma pauperis.
McQuerter filed an action at the Merit Systems Protection Board, challenging the Office of Personnel Management’s deter
The court initially received McQuerter’s petition for review on December 8, 2009, or 63 days after her receipt of the Board’s final order. A petition for review must be received by the court within 60 days of receipt of the Board’s final order.
Accordingly,
IT IS ORDERED THAT:
(1) McQuerter’s motion for reconsideration is denied and this petition for review is dismissed as untimely filed.
(2) The motion for leave to proceed in forma pauperis is granted.
Sixty days after October 6, 2009 would be December 5, 2009. However, because that date was a Saturday, the due date for the court to receive McQuerter's petition is the next business day, i.e., Monday, December 7, 2009. Fed. R.App. P. 26(a)(1)(C). Her petition for review was received by the court on Tuesday, December 8, 2009, one day beyond the due date.
Reference
- Full Case Name
- Kenya McQUERTER v. OFFICE OF PERSONNEL MANAGEMENT
- Status
- Published