Gary Anderson v. Department of Justice

LOURIE, Circuit Judge.

Gary Anderson petitions for review of the August 25, 1992 decision of the Administrative Judge (AJ), No. PH0752920472-I-1, dismissing his appeal as untimely filed. 56 M.S.P.R. 36. The AJ’s decision became the final decision of the Merit Systems Protection Board when the Board denied review on November 30, 1992. Because we conclude that the AJ abused her discretion in determining that Anderson failed to show good cause for his untimely filing, we reverse and remand.

BACKGROUND

On May 15, 1992, the Department of Justice removed Anderson from his position as a correctional…