Robert E. Johnson v. United States Postal Serv. Marvin Runyon, Postmaster Gen., 64 F.3d 233 (6th Cir. 1995). · Go Syfert
Robert E. Johnson v. United States Postal Serv. Marvin Runyon, Postmaster Gen., 64 F.3d 233 (6th Cir. 1995). Cases Citing This Book View Copy Cite
“ailure to object to evidentiary material submitted in support of a summary judgment motion constitutes waiver of those objections.”
73 citation events (36 in the last 25 years) across 19 distinct courts.
Strongest positive: Beshears v. Wood (mowd, 2019-03-05)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Beshears v. Wood
W.D. Mo. · 2019 · quote attribution · 1 verbatim quote · confidence high
ailure to object to evidentiary material submitted in support of a summary judgment motion constitutes waiver of those objections.
discussed Cited as authority (rule) FI Liquidating Trust v. C.H. Robinson Company Inc.
Bankr. D. Del. · 2025 · confidence medium
P. 56(a). 37 Johnson v. U.S. Postal Serv., 64 F.3d 233, 236 (6th Cir. 1995). 38 Id. (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). favor of either party.”39 This analysis “must be guided by the substantive evidentiary standards that apply to the case.”40 Furthermore, “[a]n opposition to summary judgment cannot rely on mere allegations or general denials in either its pleadings or its briefs; rather, specific and material facts for trial, together with probative evidence supporting such facts, must be identified.”41 I.
discussed Cited as authority (rule) Obot v. Department of Defense
N.D. Ohio · 2024 · confidence medium
Johnson v. U.S. Postal Serv., 64 F.3d 233, 238 (6th Cir. 1995); Hilliard v. U.S. Postal Serv., 814 F.2d 325, 327 (6th Cir. 1987) (“[T]he 30 day limitations period for filing an appeal under 5 U.S.C. § 7703 (b)(2) is a jurisdictional prerequisite to judicial review of an MSPB decision and cannot be extended.”); Dean v. Veterans Admin.
discussed Cited as authority (rule) Coach, Inc. v. Yan Chen
W.D. Ky. · 2022 · confidence medium
Op. & Order 7 n.3). 4 Mentioned in the previous Memorandum Opinion and Order, “failure to object to evidentiary material submitted in support of a summary judgment motion constitutes waiver of those objections.” Johnson v. U.S. Postal Serv., 64 F.3d 233, 237 (6th Cir. 1995); see also Powers v. Hamilton Cnty.
discussed Cited as authority (rule) Coach, Inc. v. Yan Chen
W.D. Ky. · 2021 · confidence medium
Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). 2 “[F]ailure to object to evidentiary material submitted in support of a summary judgment motion constitutes waiver of those objections.” Johnson v. U.S. Postal Serv., 64 F.3d 233, 237 (6th Cir. 1995); see also Powers v. Hamilton Cty.
cited Cited as authority (rule) Paluso v. Perdue
W.D. Ky. · 2019 · confidence medium
Ky. Sep. 18, 2018) (citing Hilliard v. U.S. Postal Serv., 814 F.2d 325, 327 (6th Cir. 1987); Johnson v. U.S. Postal Serv., 64 F.3d 233, 238 (6th Cir. 1995)).
discussed Cited as authority (rule) Greene v. Virgin Islands Water & Power Authority
visuper · 2016 · confidence medium
Kane, Federal Practice and Procedure § 2722, at 383 (1998) (“[I]t is a well-accepted principle that ‘as is true with other material introduced on a summary judgment motion, uncertified or otherwise inadmissible documents may be considered by the court if not challenged.’ accord Johnson v. United States Postal Serv., 64 F.3d 233, 237 (6th Cir. 1995) (ruling that the “failure to object to evidentiary material submitted in support of a summary judgment motion constitutes a waiver of those objections.”); H.
discussed Cited as authority (rule) United States v. $72,050.00 in United States Currency (2×)
6th Cir. · 2014 · confidence medium
(Reply Br. at 21-22.) Even if Vernon’s earlier concession does not estop him from changing positions on appeal, see Johnson v. U.S. Postal Serv., 64 F.3d 233, 237 (6th Cir. 1995), his evidentiary challenge lacks merit.
discussed Cited as authority (rule) In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation
N.D. Ohio · 2014 · confidence medium
Once the moving party meets its burden under Rule 56, the burden shifts to the nonmoving party, “who must present some ‘specific facts showing that there is a genuine issue for trial.’ ” Johnson v. U.S. Postal Serv., 64 F.3d 233, 236 (6th Cir.1995) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986)).
cited Cited as authority (rule) Vogel v. E.D. Bullard Co.
E.D. Ky. · 2013 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) LaTonya Meakens v. Michael Benz
6th Cir. · 2013 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Tenneco Automotive Operating Co. v. Kingdom Auto Parts (2×)
6th Cir. · 2010 · confidence medium
“If a party fails to object before the district court to the affidavits or evidentiary materials submitted by the other party in support of its position on summary judgment, any objections to the district court's consideration of such materials are deemed to have been waived, and [this Court] will review such objections only to avoid a gross miscarriage of justice.” Johnson v. U.S. Postal Serv., 64 F.3d 233, 237 (6th Cir. 1995) (alteration in original).
discussed Cited as authority (rule) Price v. AIG Hawaii Ins. Co., Inc. (2×)
Haw. · 2005 · confidence medium
Plan Litig., 74 F.3d 420 , 437 n. 12 (3d Cir.1996); Humane Soc'y of the United States v. Babbitt, 46 F.3d 93 , 97 n. 5 (D.C.Cir.1995); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995); Jones v. Owens-Corning Fiberglas Corp. & Amchem Prods., Inc., 69 F.3d 712, 718 (4th Cir.1995); Casas Office Machs., Inc. v. Mita Copystar Am., Inc., 42 F.3d 668, 682 (1st Cir.1994); Gasaway v. Northwestern Mut.
cited Cited as authority (rule) Ward v. Hickory Steak House
6th Cir. · 2003 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Florists' Transworld Delivery, Inc. v. Fleurop-Interflora
E.D. Mich. · 2003 · confidence medium
Burden of Proof & Sufficiency of Evidence As previously stated, a party who moves for summary judgment “bears the initial burden of showing the absence of a genuine issue of material fact.” Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Minnis v. McDonnell Douglas Technical Services Co.
E.D. Mich. · 2001 · confidence medium
See Baldwin County Welcome Center v. Brown, 466 U.S. 147, 151 , 104 S.Ct. 1723 , 80 L.Ed.2d 196 (1984); Graham-Humphreys, supra. See also, Johnson v. United States Postal Service, 64 F.3d 233, 238 (6th Cir.1995) (petitioner’s failure to satisfy a deadline caused by “garden variety neglect” cannot be excused by equitable tolling).
cited Cited as authority (rule) Robert L. Smith, Jr. v. Donal Campbell, Warden Janice Buchanan Kay Winkler
6th Cir. · 2001 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) Carlos Fonseca v. Consolidated Rail Corporation
6th Cir. · 2001 · confidence medium
A party who moves for summary judgment “bears the initial burden of showing the absence of a genuine issue of material fact.” Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Anthony Bell v. Marvin Runyon
8th Cir. · 2000 · confidence medium
Cir. 1998) (“mixed case” is appeal to MSPB from adverse personnel action, coupled with allegations that action was based on prohibited discrimination); Johnson v. United States Postal Serv., 64 F.3d 233, 238 (6th Cir. 1995) (MSPB decision becomes judicially reviewable action on date of its issuance).
cited Cited as authority (rule) Plant v. Morton Intl Inc
6th Cir. · 2000 · confidence medium
P. 56(c); Johnson v. United States 3 Section 4112.02 provides: Postal Serv., 64 F.3d 233, 236 (6th Cir. 1995).
cited Cited as authority (rule) Philip R. Plant v. Morton International, Inc.
6th Cir. · 2000 · confidence medium
See Fed.R.Civ.P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Graham-Humphreys v. Memphis Brooks (2×) also: Cited "see, e.g."
6th Cir. · 2000 · confidence medium
Subsequently, during a December 30, Service, 64 F.3d 233, 237-38 (6th Cir. 1995); Johnson-Brown 1996 status conference, the plaintiff, represented by yet v. Wayne State University, 173 F.3d 855 (Table), 1999 WL another attorney, Hite McLean, Jr.,5 moved to amend the summons to correct its fatal defects.
cited Cited as authority (rule) Covington v. Knox County School System
6th Cir. · 2000 · confidence medium
R.CxvP. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir. *915 1995).
cited Cited as authority (rule) Covington v. Knox County School System
6th Cir. · 2000 · confidence medium
P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Thaddeus-X and Earnest Bell, Jr. v. Blatter (2×)
6th Cir. · 1999 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Allendale Nursing Centre
W.D. Mich. · 1998 · confidence medium
Fed.R.Civ.P. 56(c); Johnson v. United States Postal Service, 64 F.3d 233, 236 (6th Cir. 1995).
cited Cited as authority (rule) Eastern Kentucky Resources v. The Fiscal Court of Magoffin County, Kentucky
6th Cir. · 1997 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Martinez v. Pena (2×) also: Cited "see"
10th Cir. · 1997 · confidence medium
Assuming that § 7703(b)(2)’s thirty-day time limit is subject to equitable tolling, 3 plaintiff has failed to allege any circumstances in this case that would 3 Compare Johnson v. United States Postal Serv., 64 F.3d 233, 238 (6th Cir. 1995) (equitable tolling is not applicable to § 7703(b)(2)), with Blaney v. United (continued...) -4- support tolling the time period in which he had to appeal the MSPB’s decision.
discussed Cited as authority (rule) Ruben Martinez v. Rodney E. Slater, Secretary of Transportation
10th Cir. · 1997 · confidence medium
"The procedures governing mixed cases[, however,] were not significantly altered." Id 3 Compare Johnson v. United States Postal Serv., 64 F.3d 233, 238 (6th Cir.1995) (equitable tolling is not applicable to § 7703(b)(2)), with Blaney v. United States, 34 F.3d 509, 512-13 (7th Cir.1994) ( § 7703(b)(2) time limit is not jurisdictional, but may be subject to equitable tolling), and Nunnally v. MacCausland, 996 F.2d 1, 4 (1st Cir.1993) (in appropriate case, § 7703(b)(2) may be subject to equitable tolling), and cases cited therein
cited Cited as authority (rule) Hunter v. Smith
6th Cir. · 1997 · confidence medium
Fed.R.Civ.P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) William P. Wells v. Norfolk Southern Railway Co.
6th Cir. · 1997 · confidence medium
Johnson v. United States Postal Service, 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) ca6 1997
6th Cir. · 1997 · confidence medium
Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995). 4 Accordingly, Tate's motion for counsel is denied, and the district court's orders are affirmed.
cited Cited as authority (rule) Gilstorff v. Top Line Exp., Inc.
3rd Cir. · 1997 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Thomas Johnson-X v. Kenneth L. McGinnis Patricia L. Caruso Rum Ellerman Arum Meckstroth
6th Cir. · 1996 · confidence medium
Fed.R.Civ.P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995). 6 The defendants met their burden of establishing an absence of evidence to support Johnson-X's Eighth Amendment claim.
cited Cited as authority (rule) Fed. Carr. Cas. P 84,034 Prestige Casualty Company v. Michigan Mutual Insurance Company, Cross-Appellee
6th Cir. · 1996 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) Allen N. Sidebottom v. Harrisburg Masonry, Inc. And Howard W. Pence, Inc.
6th Cir. · 1996 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited as authority (rule) Edgar Johnson, Jr. v. Dennis A. Johnston
6th Cir. · 1996 · confidence medium
Fed.R.Civ.P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995). 4 There is no evidence that Johnston was acting under color of state law at the time of the alleged unconstitutional violation so that he may be held liable under § 1983.
cited Cited as authority (rule) Bowens v. Tackett
6th Cir. · 1996 · confidence medium
Fed.R.Civ.P. 56(c); Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
cited Cited as authority (rule) Pens. Plan Guide P 23925v Eugene Ellis, Sr. v. Ford Motor Company
6th Cir. · 1996 · confidence medium
Johnson v. United States Postal Serv., 64 F.3d 233, 236 (6th Cir.1995).
discussed Cited "see" Coleman v. Hamilton County Board of County Commissioners
S.D. Ohio · 2024 · signal: see · confidence high
See Johnson v. U.S. Postal Serv., 64 F.3d 233, 238 (6th Cir. 1995) (explaining that “garden variety neglect” resulting in a failure to meet filing deadline cannot be excused by equitable tolling). c.
discussed Cited "see" Madera v. Ameriquest Mortgage Co. (In Re Madera)
Bankr. E.D. Pa. · 2007 · signal: accord · confidence high
Accord Johnson v. United States Postal Service, 64 F.3d 233, 237 (6th Cir.1995) (ruling that the "failure to object to evidentia-ry material submitted in support of a summary judgment motion constitutes a waiver of those objections.”); H.
cited Cited "see" Stewart v. Memphis Housing Authority
W.D. Tenn. · 2003 · signal: see · confidence high
See Johnson v. U.S. Postal Serv., 64 F.3d 233, 238 (6th Cir.1995).
cited Cited "see" Michigan Paytel Joint Venture v. City of Detroit
6th Cir. · 2002 · signal: see · confidence high
See Johnson v. United States Postal Serv., 64 F.3d 233, 237 (6th Cir.1995).
cited Cited "see" Michigan Paytel Joint Venture v. City Of Detroit
6th Cir. · 2002 · signal: see · confidence high
See Johnson v. United States Postal Serv., 64 F.3d 233, 237 (6th Cir.1995).
discussed Cited "see" Clarke v. Paige (In Re Clarke)
Bankr. E.D. Pa. · 2001 · signal: accord · confidence high
Accord Johnson v. United States Postal Service, 64 F.3d 233, 237 (6th Cir.1995) *305 (ruling that the “failure to object to evidentia-ry material submitted in support of a summary judgment motion constitutes a waiver of those objections.”); H.
discussed Cited "see" Sonders v. Mezvinsky (In Re Mezvinsky)
Bankr. E.D. Pa. · 2001 · signal: accord · confidence high
Accord Johnson v. United States Postal Service, 64 F.3d 233, 237 (6th Cir.1995) (ruling that the "failure to object to evidentiary material submitted in support of a summary judgment motion constitutes a waiver of those objections.”); H.
discussed Cited "see" Adams v. Noble (2×) also: Cited "see, e.g."
S.D. Ohio · 2001 · signal: accord · confidence high
Hunter, 790 F.2d at 474-75 ; accord Johnson v. United States Postal Serv., 64 F.3d 233, 237-38 (6th Cir.1995); Johnson-Brown v. Wayne State Univ., 173 F.3d 855 (Table), 1999 WL 191322 , at *2 (6th Cir. Mar.17, 1999) (per curiam) (unpublished); Nelmida v.. Shelly Eurocars, Inc., 112 F.3d 380, 383-84 (9th Cir.1997).
cited Cited "see" Boatner v. Henderson
6th Cir. · 2001 · signal: see · confidence high
See Johnson v. United States Postal Serv., 64 F.3d 233, 238 (6th Cir.1995).
discussed Cited "see" Gwendolyn T. Graham-Humphreys, Plaintiff-Appellant/cross-Appellee v. Memphis Brooks Museum of Art, Inc., Defendant-Appellee/cross-Appellant (2×) also: Cited "see, e.g."
6th Cir. · 2000 · signal: accord · confidence high
Accord, Johnson v. United States Postal Service, 64 F.3d 233, 237-38 (6th Cir.1995); Johnson-Brown v. Wayne State University, 173 F.3d 855 (Table), 1999 WL 191322 (6th Cir. March 17, 1999) (per cu-riam) (unpub’d); Nelmida v. Shelly Euro-cars, Inc., 112 F.3d 380 , 384 (9th Cir.1997).
cited Cited "see" Wilson v. Continental Development Co.
W.D. Mich. · 1999 · signal: see · confidence high
See Johnson v. United States Postal Serv., 64 F.3d 233, 237 (6th Cir.1995); Wiley v. United States, 20 F.3d 222, 226 (6th Cir.1994); Moore v. Holbrook, 2 F.3d 697, 699 (6th Cir.1993). 2 .
Robert E. JOHNSON, Plaintiff-Appellant,
v.
UNITED STATES POSTAL SERVICE; Marvin Runyon, Postmaster General, Defendants-Appellees
94-3604.
Court of Appeals for the Sixth Circuit.
Aug 31, 1995.
64 F.3d 233
Bruce B. Elfvin (argued and briefed), Elf-vin & Besser, Cleveland, OH, for Robert E. Johnson., William J. Kopp, Asst. U.S. Atty., Office of the U.S. Attorney, Cleveland, OH, Janet E. Noble (argued and briefed), U.S. Postal Service, Appellate Div., Washington, DC, for U.S. Postal Service., Janet E. Noble, U.S. Postal Service, Appellate Div., Washington, DC, for Anthony M. Frank and Marvin Runyon.
Martin, Guy, Daughtrey.
Cited by 62 opinions  |  Published
BOYCE F. MARTIN, Jr., Circuit Judge.

Robert E. Johnson appeals from the district court’s grant of summary judgment for the Postal Service in his action to review a final decision of the Merit Systems Protection Board under 5 U.S.C. § 7703. On appeal, Johnson claims that the court erred in relying upon unauthenticated exhibits attached to the summary judgment motion and that the period in which to appeal an adverse decision of the Merit Systems Protection Board was tolled because he took reasonable steps to notify the Board of his change of address.

Beginning in October 1969, Johnson, an African-American, was employed as a mail handler by the United States Postal Service in Cleveland. The Postal Service alleges that on September 22, 1983, he sold illegal drugs to a confidential informant at a bar. On April 17, 1984, he was removed from his position based upon his alleged misconduct. The Postal Service claimed that his misconduct affected its efficiency.

Johnson maintained his innocence from the outset and was acquitted of all criminal charges after a jury trial in June 1984. Prior to that acquittal, Johnson filed a grievance over his removal through the collective bargaining agreement. Claiming that white postal workers were not treated in the same manner, Johnson also filed a complaint with the Equal Employment Opportunity Commission. He later elected to pursue his complaints through the Merit Systems Protection Board and terminated his union grievance procedure. On May 9, he filed an appeal with the Chicago Regional Office of the Merit Systems Protection Board. After a hearing on the matter, an administrative judge of the Board issued an initial decision on August 31. The judge found by a preponderance of the evidence that Johnson had sold drugs to a confidential informant, but that no sufficient nexus existed between that conduct and the Postal Service’s efficiency as to justify his removal. He also stated that Johnson failed to present any evidence to support a discrimination claim and dismissed that allegation.

The Postal Service filed a petition for review with the Board challenging the judge’s decision as to whether it established a sufficient nexus. The Board agreed with the Postal Service and reversed the judge’s initial decision, thus sustaining Johnson’s removal. The Board issued its final decision on January 29,1985, mailing it to Johnson at his[*236] address of record: 14015 Superior Avenue, Apartment 808, Cleveland, Ohio 44118. Johnson, however, while awaiting the Board’s decision, was evicted from that apartment because of his inability to pay the rent after losing his job. He claims to have filed change of address cards with the Postal Service listing his parent’s address until he could locate a new permanent mailing address. But, he did not notify either the EEOC or the Merit Systems Protection Board of his new address. Thus, the Board’s final order, mailed on January 29, was returned as undeliverable.

In June 1985, Johnson’s attorney wrote to the Board, inquiring why Johnson had not received a copy of its final decision. The Board replied that a copy had been mailed and returned as undeliverable, and that there was no evidence that Johnson ever sent a notice of his change of address to the Board. On July 3,1985, the Board sent a copy of the final decision to Johnson, which he claims to have received on July 18. He then filed an action in federal district court seeking review of the decision on August 13, 1985.

In this action, Johnson challenged the Board’s decision sustaining his removal from the Postal Service for off-duty trafficking in drugs. He also alleged breach of contract, sex and race discrimination, harassment, and intentional infliction of emotional distress. On March 17,1986, the Postal Service filed a motion to dismiss or for summary judgment, asserting among other things that Johnson’s complaint was untimely. On June 24, the district court dismissed the breach of contract claim and denied without prejudice the Postal Service’s motion to dismiss the action due to its timeliness because it had not submitted evidence as to when Johnson received notice of the Board’s decision. For some unexplained reason the ease lay dormant, and three years later the Postal Service filed a renewed motion to dismiss or in the alternative for summary judgment. This motion again asserted that Johnson’s complaint was untimely and attached a number of exhibits to support that point.

After the renewed motion had been under submission for almost a year, and five years after the event, the court granted summary judgment for the Postal Service on May 17, 1990, and dismissed Johnson’s case. Relying on Lewis v. Conners Steel Co., 673 F.2d 1240, 1243 (11th Cir.1982), and Hunter v. Stephenson Roofing, Inc., 790 F.2d 472, 475 (6th Cir.1986), the court ruled that Johnson filed his complaint “well after the 30 day time period” in which to do so and that the “time period began to run five days from the date the MSPB mailed the opinion.” On June 15, however, Johnson filed a motion to alter and amend the court’s order. With no explanation apparent in the record for the delay, the case again lay dormant for four years before the district court denied this motion on March 31, 1994. On May 31, Johnson filed his notice of appeal to this Court. Regrettably, the case did not reach this Court for ten years; on this record, it should easily have been concluded years ago.

We review a grant of summary judgment de novo. Moore v. Holbrook, 2 F.3d 697, 698 (6th Cir.1993). Summary judgment is proper only if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(e). The party seeking summary judgment bears the initial burden of showing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Once this burden is met, it shifts to the nonmoving party, who must present some “specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Finally, all evidence is viewed in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

I.

On appeal, Johnson argues first that the exhibits attached to the Postal Service’s motion for summary judgment were not accompanied by any affidavit or document attesting to their validity or authenticity. Specifically, he maintains that the court erred in considering pages from an unfiled transcript of his deposition and a letter from the Board[*237] indicating that its decision was returned as undeliverable, and containing a copy of the envelope and an unsigned return receipt card addressed to Johnson. Johnson contends that under Rule 56(e), for a party to offer evidence through exhibits on a summary judgment motion, the exhibits must be identified by affidavits. However, Johnson never raised this issue in the court below, neither in opposing the summary judgment motion nor during the four years that his motion to alter and amend was pending.

In making this argument, Johnson relies on only one case from this Circuit to support his claim that the court erroneously considered exhibits attached to the Postal Service’s summary judgment motion. Further, he misstates the holding of that case: it addressed this issue only in a footnote and did not decide the matter. “Although the district court may have erred in basing its holding ... on unsworn affidavits and uncer-tified copies of documents attached as exhibits to appellees’ motion for summary judgment, since such materials do not comport with the requirements of Fed.R.Civ.P. 56(e), we are satisfied that essential justice was done.” Carter v. Western Reserve Psychiatric Habilitation Ctr., 767 F.2d 270, 273 n. 2 (6th Cir.1985) (emphasis added). More dis-positive of this issue is this Court’s ruling in Wiley v. United States, 20 F.3d 222 (6th Cir.1994).

If a party fails to object before the district court to the affidavits or evidentiary materials submitted by the other party in support of its position on summary judgment, any objections to the district court’s consideration of such materials are deemed to have been waived, and [this Court] will review such objections only to avoid a gross miscarriage of justice.

Wiley, 20 F.3d at 226. Thus, failure to object to evidentiary material submitted in support of a summary judgment motion constitutes waiver of those objections. Also, we find that the court’s consideration of the attached materials did not constitute “a gross miscarriage of justice.”

II.

Johnson also argues that he is either entitled to equitable tolling of the thirty day time period in which to contest the Board’s decision or that it is not necessary because his filing was timely. Johnson maintains that filing change of address forms with the Postal Service is constructive compliance with the notification mandates of 29 C.F.R. § 1601.7(b) and 5 C.F.R. § 1201.26(b)(2). Johnson argues that the Postal Service was not prejudiced by his failure to receive the Board’s decision in January and that he could not notify the Board of his change of address until he found a new place to live. Finally, he contends that equitable tolling is not necessary because he did file within thirty days of his receipt of the Board’s decision. Claiming that there is no dispute as to when he actually received the decision, he asserts that his complaint was timely under 5 U.S.C. § 7703(b)(2). [1]

Both the EEOC and the Merit Systems Protection Board have notification regulations governing changes of address. EEOC regulations provide that the “person claiming to be aggrieved has the responsibility to provide the Commission with notice of any change in address and with notice of any prolonged absence from that current address so that he or she can be located when necessary during the Commission’s consideration of the charge.” 29 C.F.R. § 1601.7(b). Similarly, in 1985, the Board’s regulations stated that “[i]t shall be the duty of all parties to notify the Board and one another in writing of any changes in the names or addresses on the service list.” 5 C.F.R. § 1201.26(b)(2). That same section now reads that the “parties must notify the appropriate Board office and one another....” In the context of an EEOC complaint, we held on similar facts that there is “an affirmative duty on [a] claimant to notify the EEOC of any change in mailing address.” Hunter, 790 F.2d at 475. In doing so, we rejected an inflexible[*238] rule requiring actual receipt of notice by a claimant, and refused to excuse an untimely complaint because the EEOC was not notified of any change of address at the time it mailed the right-to-sue letter to the address of record. Id. Here, it is uncontested that Johnson never notified the Board directly of his change of address.

The Postal Service argues that the thirty-day time limit of Section 7703(b)(2) began to run in January 1985 when the Board mailed its final decision to Johnson’s address on record with the Board. We agree. A decision by the Merit Systems Protection Board on an issue of employment discrimination becomes a judicially reviewable action on the date of its issuance. 5 U.S.C. § 7702(a). Under the statutory framework, a complainant with a mixed case, who chooses to appeal the Board’s decision directly to the district court, “has thirty days from the issuance of the Board’s final decision in which to file suit.” Washington v. Garrett, 10 F.3d 1421, 1437 (9th Cir.1993) (citing 5 U.S.C. § 7703(b)(2)). Johnson admittedly filed his complaint with the district court far more than thirty days after the Board issued its decision. This was allegedly because he did not receive the decision within that time. However, Johnson had an affirmative duty to notify the Board of any change in his address. He failed to meet this burden and cannot now rely on the results of that failure to make his complaint timely.

Johnson, however, argues not only that he filed his complaint within thirty days of his receipt of the Board’s decision on July 18, 1985, but also that equitable tolling should apply because he took reasonable steps to ensure delivery of the Board’s decision. However, the doctrine of equitable tolling does not apply to Section 7703(b)(2). Glarner v. United States Dep’t of Veterans Admin., 30 F.3d 697 (6th Cir.1994). In Glarner, 30 F.3d at 701, we stated that “5 U.S.C. § 7703(b)(2) ... could not be equitably tolled despite Irwin [v. Department of Veterans Affairs, 498 U.S. 89, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990)].” There, we reasoned that “in enacting § 7703(b)(2), Congress rebutted the presumption of equitable tolling.” Id. Furthermore, even in Irwin, the supreme court noted that equitable tolling was not appropriate where a litigant failed to meet a deadline as a result of “garden variety” neglect. Irwin, 498 U.S. at 96, 111 S.Ct. at 457. Such is precisely the case presented here—Johnson failed to notify the Board of his change of address and waited six months before inquiring about its decision. Thus, the record in this case does not support applying the doctrine of equitable tolling.

Therefore, because Johnson’s complaint was not timely filed, we AFFIRM the judgment of the district court.

1

. “Cases of discrimination ... shall be filed under [42 U.S.C. § 2000e-16(c) and other statutes] as applicable. [Furthermore,] any such case filed under any such section must be filed within 30 days after the date the individual filing the case received notice of the judicially reviewable action under such section 7702." 5 U.S.C. § 7703(b)(2).