Case: 22-2061 Document: 31 Page: 1 Filed: 06/07/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

WILLIAM B. JOLLEY, Petitioner

v.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent ______________________

2022-2061 ______________________

Petition for review of the Merit Systems Protection Board in Nos. SF-0752-13-0583-M-1 and SF-0752-14-0286- M-1. ______________________

ON MOTION ______________________

PER CURIAM. ORDER The Department of Housing and Urban Development (“HUD”) moves to waive Federal Circuit Rule 27(f) and dis- miss this appeal for lack of jurisdiction. William B. Jolley opposes and moves for sanctions against HUD and for sum- mary disposition in his favor. For the following reasons, we grant HUD’s motion and dismiss. Case: 22-2061 Document: 31 Page: 2 Filed: 06/07/2023

2 JOLLEY v. HUD

“[A] petition to review a final order or final decision of the [Merit Systems Protection] Board shall be filed in the United States Court of Appeals for the Federal Cir- cuit . . . within 60 days after the Board issues notice of the final order or decision.” 5 U.S.C. § 7703(b)(1)(A). This re- quirement is “mandatory and jurisdictional,” and thus can- not be waived or equitably tolled. Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017) (citation omitted). To be timely, the petition must actually be received by the court on or before this deadline, not just timely mailed. Id.; see Fed. R. App. P. 25(a)(2)(A). Here, the Board issued notice of its final decision on May 20, 2022, ECF No. 2 at 52, and the court received Mr. Jolley’s petition on Wednesday, July 20, 2022 (61 days later), ECF No. 1-2 at 1 (stamped receipt date). Mr. Jolley provides a United States Postal Service receipt indicating that he mailed his petition on July 13, 2022 (54 days after the notice), but as noted above, that does not constitute “fil- ing” with the court. Fed. R. App. P. 25(a)(2)(A). Nor is that receipt’s “Estimated Delivery Date” of July 18, 2022 (59 days after the notice), ECF No. 26 at 14 (emphasis added), sufficient to show actual delivery of the petition to the court any earlier than the stamped date of July 20, 2022. Accordingly, Case: 22-2061 Document: 31 Page: 3 Filed: 06/07/2023

JOLLEY v. HUD 3

IT IS ORDERED THAT: (1) The motion to dismiss is granted. The petition for review is dismissed. (2) Each party shall bear its own costs. (3) Any other pending motion is denied. FOR THE COURT

June 7, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Acting Clerk of Court