Long v. DVA

U.S. Court of Appeals for the Federal Circuit

Long v. DVA

Opinion

Case: 23-2406    Document: 11     Page: 1   Filed: 11/07/2023




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                    PAMELA LONG,
                       Petitioner

                             v.

      DEPARTMENT OF VETERANS AFFAIRS,
                   Respondent
             ______________________

                        2023-2406
                  ______________________

    Petition for review of the Merit Systems Protection
 Board in Nos. CH-1221-18-0286-C-1 and CH-1221-18-
 0286-W-1.
                 ______________________

                      ON MOTION
                  ______________________

     Before LOURIE, MAYER, and STARK, Circuit Judges.
 PER CURIAM.

ORDER

     The Department of Veterans Affairs (DVA) moves to
 dismiss the petition for review as untimely. Pamela Long
 has since filed her opening brief but has not responded to
 the motion. We grant the motion and dismiss.
Case: 23-2406     Document: 11      Page: 2    Filed: 11/07/2023




 2                                                 LONG v. DVA




     On September 18, 2023, this court received Ms. Long’s
 petition seeking review of the July 13, 2023, final decision
 of the Merit Systems Protection Board. Under 
5 U.S.C. § 7703
(b)(1)(A), “a petition to review a final order or final
 decision of the Board . . . shall be filed within 60 days after
 the Board issues notice of the final order or decision of the
 Board.” This timeliness requirement is jurisdictional,
 which “precludes equitable exceptions.” Fedora v. Merit
 Sys. Prot. Bd., 
848 F.3d 1013, 1016
 (Fed. Cir. 2017); cf. Fed.
 R. App. P. 26(b)(2) (prohibiting this court from extending
 or reopening the time to file the petition for review “unless
 specifically authorized by law”). Because this petition was
 not filed within the 60-day statutory deadline, we dismiss.
     Accordingly,
     IT IS ORDERED THAT:
     (1) The motion to dismiss is granted. The petition for
 review is dismissed.
     (2) Each side shall bear its own costs.
     (3) All other pending motions are denied as moot.
                                               FOR THE COURT




 November 7, 2023
      Date


Reference

Status
Unpublished