Jacinto S. Pinat v. Office of Personnel Management Case Brief

Jacinto S. Pinat v. Office of Personnel Management

931 F.2d 1544 | 1991 U.S. App. LEXIS 7414 | 1991 WL 65802

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Takeaway

In short, this case enforces the strict rule that an MSPB appeal must reach the Federal Circuit within 30 days after receipt of the Board's decision; signing or mailing the papers earlier is not enough.

Background

The Merit Systems Protection Board affirmed the Office of Personnel Management's denial of Jacinto Pinat's application for a civil-service retirement annuity. The Board concluded that Pinat had not satisfied the five-year creditable civilian-service requirement in 5 U.S.C. § 8333(a). Its November 16, 1988 decision became final on December 21, 1988.

Months later, Pinat sought extensions of time to file a Board petition for review. The Board denied his requests because he did not justify his delays. Pinat eventually filed a petition on October 11, 1989, and sought additional time to supplement it. On February 8, 1990, the Board denied review because the petition did not satisfy the standards in 5 C.F.R. § 1201.115 and denied additional time for lack of good cause. The Board did not revisit either the petition's timeliness or the merits of Pinat's annuity claim.

The Board notified Pinat that he had 30 days after receiving its decision to appeal to the Federal Circuit. Return receipts showed delivery no later than February 27, 1990, and Pinat's attorney conceded receipt on February 28. Pinat's appeal was not filed in the Federal Circuit until April 10, 1990.

Issues

Issue #1

Whether Pinat timely filed his appeal from the Merit Systems Protection Board's February 8, 1990 decision.

Holding

No. Pinat filed his appeal at least nine days after the statutory 30-day deadline.

Reasoning

Under 5 U.S.C. § 7703(b)(1), a petition for review in the Federal Circuit must be filed within 30 days after the petitioner receives notice of the Board's final order or decision. The record contained signed return receipts indicating that Pinat received the decision by February 27, and his attorney conceded receipt by February 28. An April 10 filing therefore fell outside the statutory period.

The relevant date is when the court clerk receives the appeal, not when the appellant signs it or places it in the mail. Federal Rule of Appellate Procedure 25(a) treats papers as filed upon receipt by the clerk. Although Pinat and his attorney signed the request for review on March 17, that signature date did not establish timely filing in the Federal Circuit.

Pinat's reliance on the Philippines' typhoons and difficult sea travel could not change the result. The court stated that it ordinarily lacks authority to waive a statutory filing deadline, and this was not an equitable-tolling case. Because the appeal was untimely, the court dismissed it without reaching the merits of his entitlement to an annuity.