Case: 24-1914 Document: 24 Page: 1 Filed: 10/23/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
MARTIN AKERMAN, Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________
2024-1914 ______________________
Petition for review of the Merit Systems Protection Board in No. DC-1221-22-0445-W-1. ______________________
Before PROST, BRYSON, and HUGHES, Circuit Judges. PER CURIAM. ORDER In response to this court’s show cause order, the re- spondent urges dismissal of this petition for review, while Martin Akerman asks “for the Federal Circuit to review this case,” ECF No. 23-1 at 1. Mr. Akerman also moves to consolidate this appeal with Appeal No. 2024-1915 and strike the respondent’s response to the show cause order. ECF No. 22. Mr. Akerman filed this Individual Right of Action ap- peal with the Merit Systems Protection Board. The
Case: 24-1914 Document: 24 Page: 2 Filed: 10/23/2024 2 AKERMAN v. MSPB
administrative judge dismissed the appeal without preju- dice, subject to automatic refiling. On petition for review, the Board affirmed and forwarded the appeal to the re- gional office for docketing and adjudication. This court has jurisdiction only over final decisions and orders from the Board. See 28 U.S.C. § 1295(a)(9); Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361 (Fed. Cir. 2009). As a general rule, an order is final only when it “ends the liti- gation on the merits and leaves nothing for the court to do but execute judgment.” Id. (internal quotation marks and citations omitted). A decision that forwards the matter and indicates further proceedings on the merits are required fails to end the litigation on the merits and is not a final decision of the Board that can be appealed. See Strausbaugh v. Merit Sys. Prot. Bd., 401 F. App’x 524, 526 (Fed. Cir. 2010) (citing Taylor-Holmes v. Off. of Cook Cnty. Pub. Guardian, 503 F.3d 607, 609 (7th Cir. 2007); Borelli v. City of Reading, 532 F.2d 950, 951–52 (3d Cir. 1976); and 9 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure, Civil § 2367 (3d ed. 2008)). Accordingly, IT IS ORDERED THAT: (1) The petition for review is dismissed. (2) All pending motions are denied as moot. (3) Each side shall bear its own costs. FOR THE COURT
October 23, 2024 Date