Case: 23-1587 Document: 12 Page: 1 Filed: 06/08/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CHRISTOPHER R. CHIN-YOUNG,
Petitioner
v.
DEPARTMENT OF THE ARMY,
Respondent
______________________
2023-1587
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-11-0394-C-3.
______________________
Before PROST, REYNA, and STARK, Circuit Judges.
PER CURIAM.
ORDER
In response to the court’s order to show cause, Chris-
topher R. Chin-Young urges the court not to dismiss, con-
tends that the Department of the Army is not the proper
respondent, and requests consolidation with two of his
other pending appeals. The Department of the Army re-
sponds in favor of dismissal of this petition as untimely.
After unsuccessfully challenging the Merit Systems
Protection Board’s September 2016 final decision in the re-
gional circuit, see Chin-Young v. United States, 816 F.
Case: 23-1587 Document: 12 Page: 2 Filed: 06/08/2023
2 CHIN-YOUNG v. ARMY
App’x 857 (4th Cir. 2020) (affirming dismissal), Mr. Chin-
Young filed this petition in March 2023 seeking review of
that decision.
Under
5 U.S.C. § 7703(b)(1)(A), a petition must be filed
“within 60 days after the Board issues notice of the fi-
nal . . . decision,” and this deadline is mandatory and juris-
dictional, Fedora v. Merit Sys. Prot. Bd.,
848 F.3d 1013,
1016 (Fed. Cir. 2017). Here, over six years have passed
since the Board’s final decision. Our precedent further re-
quires that we reject Mr. Chin-Young’s arguments for eq-
uitable tolling.
Id. To the extent Mr. Chin-Young seeks
review of the district court’s or the United States Court of
Appeals for the Fourth Circuit’s decision, we similarly lack
jurisdiction. See
28 U.S.C. § 1295(a). Because we lack ju-
risdiction, Mr. Chin-Young’s arguments as to the proper re-
spondent and consolidation are moot.
Accordingly,
IT IS ORDERED THAT:
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
(3) Any pending motions are denied as moot.
FOR THE COURT
June 8, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Acting Clerk of Court
