Full text
Brown v. MSPB
Case: 24-2008 Document: 18 Page: 1 Filed: 11/12/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
GREGORY BENN BROWN, Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________
2024-2008 ______________________
Petition for review of the Merit Systems Protection Board in No. PH-0752-19-0045-I-2. ______________________
Before PROST, BRYSON, and HUGHES, Circuit Judges. PER CURIAM. ORDER The Merit Systems Protection Board dismissed Greg- ory Benn Brown’s appeal subject to automatic refiling and forwarded the appeal to the regional office for further pro- ceedings on the merits, and Mr. Brown seeks this court’s review. 1 In response to this court’s August 19, 2024 order
Case: 24-2008 Document: 18 Page: 2 Filed: 11/12/2024 Case: 24-2008 Document: 18 Page: 3 Filed: 11/12/2024 BROWN v. MSPB 3
(3) Each party shall bear its own costs. FOR THE COURT
November 12, 2024 Date
Footnotes
[1] After this petition for review was filed here, the re- filed appeal, PH-0752-19-0045-I-2, was dismissed without 2 BROWN v. MSPB to show cause, the Board urges dismissal as premature while Mr. Brown asks this court to proceed with his case. This court has jurisdiction over only 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. prejudice, subject to automatic refiling following resolution of the petition for review by this court.