Case: 14-3042 Document: 17 Page: 1 Filed: 03/04/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROBERT D. FRANKLIN, Petitioner,

v.

DEPARTMENT OF VETERANS AFFAIRS, Respondent. ______________________

2014-3042 ______________________

Petition for review of the Merit Systems Protection Board in No. AT0752120454-I-1. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Upon review of this recently docketed petition for re- view, it appears that Robert D. Franklin’s petition was not timely filed. On September 18, 2013, the Merit Systems Protection Board denied Franklin’s petition for review of an initial decision that sustained his removal due to misconduct. Franklin states in a submission to this court that he Case: 14-3042 Document: 17 Page: 2 Filed: 03/04/2014

2 FRANKLIN v. DVA

received the Board’s final order on September 21, 2013. The court received his petition for review on December 2, 2013; which was 75 days after the Board issued its final order and 72 days after Franklin states that he received the Board’s final order. The time for filing a petition for review from a Board decision or order is governed by 5 U.S.C. § 7703(b)(1), which provides in relevant part that “[n]otwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board.” 5 U.S.C. § 7703(b)(1)(A). This filing period is “statutory, mandato- ry, [and] jurisdictional.” Monzo v. Dep’t of Transp., 735 F.2d 1335, 1336 (Fed. Cir. 1984). Accordingly, IT IS ORDERED THAT: (1) Franklin is directed to show cause, within 21 days of the date of filing of this order, why this petition should not be dismissed as untimely. The Department of Veter- ans Affairs may also respond within that time. (2) The briefing schedule is stayed. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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