Williams v. Department of Agriculture ( 2011 )


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  •           NOTE: This order is nonprecedential.
    Wniteb ~tate~ 5    U.S.C.    §    7703
    (b)(1),    which provides        that
    "[n]otwithstanding any other provision of law, any peti-
    tion for review must be filed within 60 days after the date
    the petitioner received notice of the final order or decision
    of the board." This filing period is "statutory, mandatory,
    [and] jurisdictional." Monzo v. Dep't of Transportation,
    
    735 F.2d 1335
    , 1336 (Fed. Cir. 1984); see als9 Bowles v.
    Russell, 
    551 U.S. 205
     (2007) (the timely filing of a notice
    of appeal in a civil case is a jurisdictional requirement
    that cannot be waived).
    Because Williams' petition was not timely received by
    this court, it must be dismissed.
    Accordingly,
    IT Is ORDERED THAT:
    (1) Williams' motion for reconsideration is denied.
    His petition for review is dismissed as untimely filed.
    (2) Each side shall bear its own costs.
    (3) Any other pending motions are moot.
    3                           WILLIAMS v. AGRICULTURE
    FOR THE COURT
    JUL 142011             /s/ Jan Horbaly
    Date                Jan Horbaly
    Clerk
    cc: Johnny B. Williams
    Lauren S. Moore, Esq.
    s20
    . FILED
    !I.S. COURT OF APPEALS FOR
    THE FEOERAL CIRCUIT
    JUL 14 2011
    JAN HOR8A1.Y
    ClERK
    

Document Info

Docket Number: 2011-3134

Filed Date: 7/14/2011

Precedential Status: Non-Precedential

Modified Date: 4/18/2021