Case: 22-2061 Document: 31 Page: 1 Filed: 06/07/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WILLIAM B. JOLLEY,
Petitioner
v.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT,
Respondent
______________________
2022-2061
______________________
Petition for review of the Merit Systems Protection
Board in Nos. SF-0752-13-0583-M-1 and SF-0752-14-0286-
M-1.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
The Department of Housing and Urban Development
(“HUD”) moves to waive Federal Circuit Rule 27(f) and dis-
miss this appeal for lack of jurisdiction. William B. Jolley
opposes and moves for sanctions against HUD and for sum-
mary disposition in his favor. For the following reasons,
we grant HUD’s motion and dismiss.
Case: 22-2061 Document: 31 Page: 2 Filed: 06/07/2023
2 JOLLEY v. HUD
“[A] petition to review a final order or final decision of
the [Merit Systems Protection] Board shall be filed in the
United States Court of Appeals for the Federal Cir-
cuit . . . within 60 days after the Board issues notice of the
final order or decision.”
5 U.S.C. § 7703(b)(1)(A). This re-
quirement is “mandatory and jurisdictional,” and thus can-
not be waived or equitably tolled. Fedora v. Merit Sys. Prot.
Bd.,
848 F.3d 1013, 1016 (Fed. Cir. 2017) (citation omitted).
To be timely, the petition must actually be received by the
court on or before this deadline, not just timely mailed. Id.;
see Fed. R. App. P. 25(a)(2)(A).
Here, the Board issued notice of its final decision on
May 20, 2022, ECF No. 2 at 52, and the court received
Mr. Jolley’s petition on Wednesday, July 20, 2022 (61 days
later), ECF No. 1-2 at 1 (stamped receipt date). Mr. Jolley
provides a United States Postal Service receipt indicating
that he mailed his petition on July 13, 2022 (54 days after
the notice), but as noted above, that does not constitute “fil-
ing” with the court. Fed. R. App. P. 25(a)(2)(A). Nor is that
receipt’s “Estimated Delivery Date” of July 18, 2022
(59 days after the notice), ECF No. 26 at 14 (emphasis
added), sufficient to show actual delivery of the petition to
the court any earlier than the stamped date of
July 20, 2022.
Accordingly,
Case: 22-2061 Document: 31 Page: 3 Filed: 06/07/2023
JOLLEY v. HUD 3
IT IS ORDERED THAT:
(1) The motion to dismiss is granted. The petition for
review is dismissed.
(2) Each party shall bear its own costs.
(3) Any other pending motion is denied.
FOR THE COURT
June 7, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Acting Clerk of Court
