Ken A. Stout v. Merit Systems Protection Board

MICHEL, Circuit Judge.

Ken A. Stout (“Stout”) appeals the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal as untimely filed, without a showing of good cause for the sixty-eight-day delay in filing. Stout v. Dep’t of Treasury, No. SF-0752-03-0171-1-1, 95 M.S.P.R. 434 (M.S.P.B. Nov. 7, 2003) (“Final Order”); Stout v. Dep’t of Treasury, No. SF-0752-03-0171-1-1 (M.S.P.B. Mar. 13, 2003) (“Initial Decision”). Given specific allegations and substantial evidence of mental illness, and conflicts between his and the government’s evidentiary submissions, we conclude…