Narrative Opinion Summary
Geneva Miller's correspondence regarding the timeliness of her petition for review is treated as a motion for reconsideration of the court's prior rejection of her petition as untimely. The court notes that the Merit Systems Protection Board issued a final decision on December 27, 2005, stating that any petition for review must be received within 60 days of the decision. Miller received the Board's decision on December 29, 2005, and her petition was submitted on March 1, 2006, which is two days beyond the February 27, 2006 deadline. The court emphasizes that the 60-day filing period is statutory, mandatory, and jurisdictional under 5 U.S.C. 7703(b)(1). Consequently, Miller’s petition for review is dismissed as untimely, and her motion for reconsideration is denied. Each party will bear its own costs, and Miller’s motion to proceed in forma pauperis is rendered moot. Despite Miller's claim of receiving the decision on December 30, even with that date, her petition remains untimely.
Legal Issues Addressed
Costs in Dismissed Petitionssubscribe to see similar legal issues
Application: In cases of dismissed petitions, each party bears its own costs.
Reasoning: Each party will bear its own costs, and Miller’s motion to proceed in forma pauperis is rendered moot.
Denial of Motion for Reconsiderationsubscribe to see similar legal issues
Application: Miller's motion for reconsideration was denied due to the untimeliness of her petition for review.
Reasoning: Consequently, Miller’s petition for review is dismissed as untimely, and her motion for reconsideration is denied.
Effect of Receipt Date on Filing Deadlinesubscribe to see similar legal issues
Application: Even with a claim of a later receipt date, the petition was still filed late.
Reasoning: Despite Miller's claim of receiving the decision on December 30, even with that date, her petition remains untimely.
Jurisdictional Nature of Filing Deadlinessubscribe to see similar legal issues
Application: Filing deadlines under 5 U.S.C. 7703(b)(1) are mandatory and jurisdictional, leading to dismissal if not met.
Reasoning: The court emphasizes that the 60-day filing period is statutory, mandatory, and jurisdictional under 5 U.S.C. 7703(b)(1).
Timeliness of Petition for Reviewsubscribe to see similar legal issues
Application: The court determined that a petition for review must be filed within 60 days of the decision as per statutory requirements.
Reasoning: The court notes that the Merit Systems Protection Board issued a final decision on December 27, 2005, stating that any petition for review must be received within 60 days of the decision.