Elbert Hicks v. United States Postal Service

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELBERT HICKS,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.
______________________
2014-3017
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-3443-12-0485-I-1.
______________________
ON MOTION
______________________
Before L OURIE, M OORE, and REYNA, Circuit Judges.
P ER CURIAM .
O R D E R
The United States Postal Service moves without
opposition to dismiss Elbert Hicks’s appeal from the Merit
Systems Protection Board (“Board”).
Any petition for review of a Board decision must be
filed within 60 days after the Board issues notice of its
final order or decision. 5 U.S.C. § 7703(b)(1)(A). The

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HICKS v. USPS 2
petition for review must be received by this court before
the expiration of § 7703(b)(1)(A)’s filing deadline. Pinat v.
Office of Pers. Mgmt., 931 F.2d 1544, 1546 (Fed. Cir. 1991)
(citing Fed. R. App. P. 15(a), 25(a)). The 60-day period for
appeal is “statutory, mandatory, [and] jurisdictional.”
Monzo v. Dep’t of Transp., 735 F.2d 1335, 1336 (Fed. Cir.
1984).
Mr. Hicks sought our review of Board adjudications in
two separate cases. He failed to file a petition for review
before the statutory deadline for either case. Because this
court did not receive a timely-filed petition for review, we
have no authority to decide his case.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted and the case is dismissed.
(2) Each side shall bear its own costs.
F OR THE COURT
November 26, 2014 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
C: Elbert Hicks
Daniel S. Herzfeld, Trial Attorney

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