Steadley v. Merit Systems Protection Board , 120 F. App'x 828 ( 2005 )


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  •                  NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition
    is not citable as precedent. It is a public record.
    United States Court of Appeals for the Federal Circuit
    04-3394
    FLOYD W. STEADLEY,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent.
    __________________________
    DECIDED: January 18, 2005
    __________________________
    Before LOURIE, SCHALL, and PROST, Circuit Judges.
    PER CURIAM.
    DECISION
    Floyd W. Steadley petitions for review of the final decision of the Merit Systems
    Protection Board (“Board”) that dismissed as untimely filed his appeal of the action of
    the United States Postal Service (“agency”) removing him from his position as a PS-04
    Mail Handler on August 2, 2001. Steadley v. U.S. Postal Serv., No. PH-0752-03-0134-I-
    1 (June 25, 2004). We reverse and remand.
    DISCUSSION
    I.
    Mr. Steadley appealed his August 2, 2001 removal by the agency on January 23,
    2003. In an initial decision dated May 22, 2003, the administrative judge (“AJ”) to whom
    the case was assigned dismissed the appeal as untimely filed. Steadley v. U.S. Postal
    Serv., No. PH-0752-03-0134-I-1 (May 22, 2003).              The AJ determined that Mr.
    Steadley’s filing was 16 months late and that he had not shown good cause for the late
    filing. The AJ’s initial decision became the final decision of the Board on June 25, 2004,
    after the Board denied Mr. Steadley’s petition for review for failure to meet the criteria
    for review set forth at 
    5 C.F.R. § 1201.115
    (d).         This appeal followed.      We have
    jurisdiction pursuant to 
    28 U.S.C. § 1295
    (a)(9).
    II.
    On appeal, the Board forthrightly confesses error in this case. It acknowledges
    that, in light of the pertinent facts, its decision that Mr. Steadley failed to establish good
    cause for the untimely filing of his appeal was reversible error under our decision in
    Shiflet v. U.S. Postal Service, 
    839 F.2d 669
     (Fed. Cir. 1988). The Board states: “The
    totality of the circumstances supports a finding of good cause for Mr. Steadley’s failure
    to file a timely appeal.” Accordingly, it asks us to reverse its decision dismissing Mr.
    Steadley’s appeal as untimely filed and to remand the case to it for further proceedings.
    For the foregoing reasons, the final decision of the Board dismissing Mr.
    Steadley’s appeal as untimely filed is reversed. The case is remanded to the Board for
    further proceedings consistent with this opinion.
    04-3394                                       2
    

Document Info

Docket Number: 2004-3394

Citation Numbers: 120 F. App'x 828

Judges: Lourie, Per Curiam, Prost, Schall

Filed Date: 1/18/2005

Precedential Status: Non-Precedential

Modified Date: 8/3/2023