NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

CLIFFORD W. JONES, SR.,

Petitioner

v.

DEPARTMENT OF HEALTH AND HUMAN 

SERVICES,

Respondent

______________________ 

2017-1624

______________________ 

Petition for review of the Merit Systems Protection 

Board in No. CH-0432-13-1527-B-1.

______________________ 

Decided: November 14, 2017 

______________________ 

 CLIFFORD W. JONES, SR., Cass Lake, MN, pro se.

 ALISON VICKS, Commercial Litigation Branch, Civil 

Division, United States Department of Justice, Washington, DC, for respondent. Also represented by CHAD A.

READLER, ROBERT E. KIRSCHMAN, JR., CLAUDIA BURKE;

JEFFREY S. DAVIS, ALAN S. DORN, CRAIG HERKAL, Office of 

the General Counsel, United States Department of Health 

and Human Services, Chicago, IL.

______________________ 
2 JONES v. HHS

Before MOORE, REYNA, and TARANTO, Circuit Judges.

PER CURIAM. 

Clifford W. Jones, Sr. appeals from a final order of the 

Merit Systems Protection Board (Board) affirming his 

removal based on unacceptable performance. Because 

Mr. Jones did not file a timely petition for review, we 

dismiss for lack of jurisdiction.

BACKGROUND

Mr. Jones worked as a Supervisory Financial Management Specialist for the Department of Health and 

Human Services (Agency) at the Indian Health Service 

Cass Lake Hospital in Cass Lake, Minnesota from February 19, 2008 to May 20, 2011. The Agency removed him 

after finding unacceptable performance in three critical 

elements of his position.

Mr. Jones filed an individual right of action appeal

(IRA appeal) alleging whistleblower retaliation. The 

Administrative Judge (AJ) dismissed the IRA appeal for 

lack of jurisdiction finding no non-frivolous allegation that 

he had made a protected disclosure. The Board agreed

with the dismissal of the IRA appeal, but found that Mr. 

Jones was entitled to review of his removal. In the removal appeal, the AJ found that substantial evidence 

supported the Agency’s removal of Mr. Jones for unacceptable performance. Mr. Jones filed a petition for 

review with the Board. The Board issued a final order 

denying his petition on December 8, 2016. Mr. Jones 

petitioned this court for review. We received his petition

on February 7, 2017.

DISCUSSION

Before addressing the merits, we must ensure that we 

have jurisdiction over the matter appealed. See Steel Co. 

v. Citizens for a Better Env’t, 523 U.S. 83, 94–95 (1998). 
JONES v. HHS 3

Our review of final Board orders is limited to those petitions “filed within 60 days after the Board issues notice of 

the final order or decision of the 

Board.” 5 U.S.C. § 7703(b)(1)(A). Statutory time limits 

for appeals are jurisdictional and cannot be equitably 

tolled or waived. Bowles v. Russell, 551 U.S. 205, 209 

(2007); Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1015 

(Fed. Cir. 2017).

To be timely filed, this court must receive a petition

for review by the due date. Fed. R. App. P. 25(a)(2)(A). 

The Board issued notice of its final order on December 8, 

2016, making Mr. Jones’ petition due on February 6, 

2017. 5 U.S.C. § 7703(b)(1)(A). We did not receive Mr. 

Jones’ petition until February 7, 2017. Because “filing 

requires actual receipt by the court,” Fedora, 848 F.3d at 

1016, Mr. Jones did not file a timely petition.

Mr. Jones asks that we recognize his efforts to mail

the petition on time and the impact of the weather in 

delaying delivery. While we recognize that Mr. Jones 

mailed his petition on February 3, 2017, we are bound by 

prior precedent holding that we do not have the authority 

to equitably toll the statutory deadline in § 7703(b)(1)(A). 

See, e.g., Fedora, 848 F.3d at 1017. Because we received 

the petition after the 60-day statutory period for appeal

expired, we do not have jurisdiction to consider the merits 

of the case.

CONCLUSION

For the reasons stated above, we find that we are 

without jurisdiction to consider this appeal and therefore 

dismiss. 

COSTS

No costs.