Stith v. Office of Personnel Management

This civilian pay case comes before us on respondent’s motion to dismiss for failure to appeal the decision of the Merit Systems Protection Board (board) within 30 days of its decision, as required by Rule 172(a) and 5 U.S.C. § 7703(b)(1) (Supp. Ill 1979). We reluctantly grant the motion and dismiss the petition.

The unusual procedural history of this case is as follows. On October 21, 1981, this court received petitioner’s handwritten pro se petition for review of the decision in mspb Docket No. DE831L8010170, entered April 20, 1981. The appeal was docketed here on October 21, 1981, and it…