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ROCHA v. MERIT SYSTEMS PROTECTION BD.

No. 2012-3087.

688 F.3d 1307 (2012)

Frank G. ROCHA, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of State, Intervenor.

United States Court of Appeals, Federal Circuit.

July 24, 2012.

Attorney(s) appearing for the Case

Frank G. Rocha, of Peabody, Massachusetts, pro se.

Sara B. Rearden , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With her on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Courtney S. McNamara , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant Director.

Before RADER, Chief Judge, MAYER and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

Frank G. Rocha appeals a final order of the Merit Systems Protection Board ("board") dismissing his petition for review as untimely filed. See Rocha v. Dep't of State, No. PH-0752-10-0549-I-1, 117 M.S.P.R. 221, 2011 MSPB LEXIS 7665 (Dec. 22, 2011) ("Final Order"). We affirm.

I.

In 2008, Rocha was appointed to an excepted service position as a passport specialist at the United States Department of State ...

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