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Dinkler v. Office of Personnel Management
Citation: 345 F. App'x 555Docket: No. 2009-3147
Court: Court of Appeals for the Federal Circuit; May 5, 2009; Federal Appellate Court
Pamela D. Dinkier filed a motion for leave to proceed in forma pauperis and requested the court to accept her untimely petition for review. The court evaluated whether to dismiss the petition. The Merit Systems Protection Board issued a final decision on April 30, 2008, in case Dinkler v. Office of Pers. Mgmt., requiring that any petition for review be submitted within 60 calendar days. Dinkier received the Board's decision on May 9, 2008, but her petition was not received by the court until July 10, 2008, which was 62 days later. Under 5 U.S.C. § 7703(b)(1), the 60-day filing period is mandatory and jurisdictional, meaning compliance is necessary for the court to exercise jurisdiction. Since Dinkler's petition was submitted two days late, the court dismissed it as untimely. Consequently, all pending motions were deemed moot. The court also clarified that Dinkier's submission was treated as a new petition for review and assigned docket number 2009-3147.