`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`HEATHER A. MELTON,
`Petitioner
`
`v.
`
`MERIT SYSTEMS PROTECTION BOARD,
`Respondent
`______________________
`
`2022-1993
`______________________
`
`Petition for review of the Merit Systems Protection
`Board in No. CH-0752-09-0448-M-1.
`______________________
`
`Before HUGHES, WALLACH, and STOLL, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`In response to the court’s August 31, 2022, order to
`show cause, the Merit Systems Protection Board urges dis-
`missal of this petition for review as untimely. Heather A.
`Melton has not responded.
`The Board entered its final decision in this case on
`April 21, 2022, affirming the dismissal of Ms. Melton’s pe-
`tition for enforcement. This court received Ms. Melton’s
`petition for review seventy-one days later, on July 1, 2022.
`
`
`
`
`
`
`
`Case: 22-1993 Document: 17 Page: 2 Filed: 11/09/2022
`
`2
`
`
`
`MELTON v. MSPB
`
`Section 7703(b)(1)(A) of title 5 of the U.S. Code man-
`dates that a petition for review “shall be filed within 60
`days after the Board issues notice of the final order or de-
`cision of the Board.” This deadline is jurisdictional and not
`subject to equitable tolling. See Fedora v. Merit Sys. Prot.
`Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017). Thus, we only
`consider whether the petition for review was timely filed.
`Ms. Melton’s petition here was received outside of the 60-
`day filing deadline, and we therefore dismiss.
`
`Accordingly,
`
`IT IS ORDERED THAT:
`(1) The petition for review is dismissed.
`(2) All pending motions are denied as moot.
`(3) Each side shall bear its own costs.
` FOR THE COURT
`
`
`
`November 9, 2022
` Date
`
`/s/ Peter R. Marksteiner
` Peter R. Marksteiner
` Clerk of Court
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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