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Crespo-Medina v. Merit Systems Protection Board

Dismissal of appeal challenging agency's termination affirmed; plaintiff offered no excuse for refiling his appeal 23 days after due date set by court.

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Mr. Alvaro A. Crespo-Medina (“Mr. Crespo-Medina”) petitions for review of the final decision of the Merit Systems Protection Board (the “Board”) dismissing his appeal to the Board as untimely filed. Crespo-Medina v. Dep’t of the Navy, No. PH-0752-00-0294-I-2 (M.S.P.R. Sept. 14, 2001). Because the Board did not abuse its discretion in dismissing Mr. Crespo-Medina’s appeal as filed late without good cause being shown, we affirm.

I.

Mr. Crespo-Medina held a position with the Navy as an Electronics Engineer, GS-12, until his termination on May 19, 2000. On May 19, 2000, Mr. Crespo-Medina, through his counsel, Mr. J. Michael Farrell (“Mr. Farrell”), filed an appeal with the Board challenging the agency’s removal action. On August 29, 2000, the administrative judge dismissed the appeal without prejudice but stated that “the appellant must refile his appeal by October 30, 2000, or the appeal will be dismissed.” (boldface and underlining in original). The decision was served on Mr. Crespo-Medina in care of his counsel, Mr. Farrell, and on Mr. Farrell.

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