Narrative Opinion Summary
The case involves a petitioner seeking to proceed in forma pauperis and to have her untimely petition for review accepted by the court. The Merit Systems Protection Board issued a final decision requiring any petition for review to be filed within 60 days of receipt. The petitioner received the decision on May 9, 2008, but did not file her petition until July 10, 2008, exceeding the 60-day statutory period by two days. Under 5 U.S.C. 7703(b)(1), the 60-day filing period is both statutory and jurisdictional, necessitating strict compliance for the court to maintain jurisdiction over the case. As the petition was submitted late, the court dismissed it as untimely. Additionally, all pending motions were deemed moot due to the lack of jurisdiction. The court also noted that the late submission was treated as a new petition for review and assigned a new docket number, 2009-3147.
Legal Issues Addressed
Effect of Untimely Filing on Pending Motionssubscribe to see similar legal issues
Application: The untimely filing of the petition rendered all pending motions moot, as the court could not proceed with them due to lack of jurisdiction.
Reasoning: Consequently, the petition for review is dismissed, and all pending motions are deemed moot.
Filing Deadline for Petitions for Reviewsubscribe to see similar legal issues
Application: In this case, the petitioner failed to submit her petition for review within the required 60 days after receiving the Board's decision, leading to the dismissal of her petition.
Reasoning: Dinkier received the decision on May 9, 2008, but her petition was not received by the court until July 10, 2008, which was 62 days after the decision.
Jurisdictional Time Limit under 5 U.S.C. 7703(b)(1)subscribe to see similar legal issues
Application: The court is required to dismiss a petition for review if it is not filed within the statutory 60-day period, as compliance with this time limit is necessary for jurisdiction.
Reasoning: According to 5 U.S.C. 7703(b)(1), the 60-day filing period is both statutory and jurisdictional, meaning compliance is essential for the court to have jurisdiction over the case.