Whether the 120 day time bar of 5 U.S.C. § 7702(e)(1)(B) is nonjurisdictional

QUESTIONS PRESENTED ; 5 U.S.C. § 7702(e)(1)(B) states that an . : employee may file a civil action in district court 120 : days after filing an appeal with the Merit Systems ; ; Protection Board (MSPB or Board) with no judicially ~ : reviewable action that involves a:claim under federal anti-discrimination laws. ; In Perry v. Merit Systems Protection Board, . ; . 137 S. Ct. 1975 (2017), this Court held that judicial review of MSPB “mixed cases” that involves a claim : . under federal anti-discrimination laws and are : dismissed by the Board for lack of jurisdiction is in. _ district court. Prior to Perry, judicial review of the .. jurisdictional claim and discrimination claim(s) of ‘ : “mixed cases” were bifurcated between. the U.S. ; Court of Appeals for the Federal Circuit and in c : . district court, respectively. . ‘ The questions presented are as follows: . 1. Whether the 120 day time bar of 5 U.S.C. § 7702(e)(1)(B) is nonjurisdictional. ; . : . 2. After Perry, whether the district court can consider a Fed. R. Civ. P. 60(b) motion for relief from : . ‘ judgment on the jurisdictional claim of a MSPB ; “mixed case” that was ruled on by the Federal : Circuit. ; . : i