Background
Velesa Draughn was removed from her position with the Department of the Army. The Merit Systems Protection Board affirmed the Army’s removal decision.
Draughn sought review in the U.S. District Court for the District of Maryland. The district court dismissed her appeal as untimely, finding that her notice of appeal was filed after the applicable deadline and that she had not shown extraordinary circumstances warranting equitable tolling. Draughn, proceeding pro se, appealed that dismissal to the Fourth Circuit.
The Court’s Holding
In an unpublished per curiam opinion, the Fourth Circuit affirmed the district court’s order. After reviewing the record, the court found no reversible error in the determination that Draughn’s appeal from the MSPB decision was untimely.
The court also left intact the district court’s conclusion that Draughn failed to establish extraordinary circumstances justifying equitable tolling. It decided the case without oral argument because the written materials adequately presented the facts and legal issues.
Key Takeaways
- The Fourth Circuit affirmed the dismissal of Draughn’s challenge to the MSPB decision because it was filed too late.
- The district court’s refusal to apply equitable tolling stood because Draughn did not show extraordinary circumstances.
- The decision is unpublished and is not binding precedent in the Fourth Circuit.
Why It Matters
The decision underscores that federal employees seeking judicial review of MSPB decisions must comply with applicable filing deadlines. Equitable tolling is not available merely because a filing was late; the litigant must demonstrate circumstances sufficiently extraordinary to justify extending the deadline.