United States Federal Circuit

A petition for review of a decision dismissing as untimely filed petitioner's appeal of his removal by the Department of Energy due to his inability to possess a commercial driver's license is affirmed where: 1) 5 C.F.R. section 1201.154(b)(2) did not apply to plaintiff's appeal; and 2) thus, petitioner had thirty days to file his appeal, and because he did not show good cause for filing his appeal later than the allowed thirty days, there was no error in holding the appeal untimely.

Appellate Information

• Decided 11/07/2006
• Published 11/07/2006

Judges

• SCHALL, Circuit Judge., Before MICHEL, Chief Judge, LOURIE, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald G. Bruce, Belcourt Law Office, of Belcourt, North Dakota, argued for petitioner.


• For Appellees:
  
• Raymond W. Angelo, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington D.C., argued for respondent.   With him on the brief were Martha B. Schneider, General Counsel, and Rosa Koppel, Deputy General Counsel.