McNair v. Department of Agriculture ( 2014 )

Case: 14-3141 Document: 12 Page: 1 Filed: 09/19/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SHEILA A. MCNAIR,
Petitioner,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
______________________
2014-3141
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-14-0385-I-1.
______________________
ON MOTION
______________________
Before O’MALLEY, WALLACH, and HUGHES, Circuit Judges.
PER CURIAM.
ORDER
The Department of Agriculture moves to dismiss the
petition for lack or jurisdiction. Sheila A. McNair has not
responded.
McNair petitioned this court for review of a decision of
the Merit Systems Protection Board (MSPB) that affirmed
her removal. After the initial decision, McNair filed a
Case: 14-3141 Document: 12 Page: 2 Filed: 09/19/2014
2 MCNAIR v. DEPARTMENT OF AGRICULTURE
petition for review with the Office of the Clerk of the
MSPB. The petition remains pending with the MSPB.
This court’s review of MSPB decisions is limited to fi-
nal orders or final decisions. See Weed v. Soc. Sec. Ad-
min., 571 F.3d 1359, 1361-63 (Fed. Cir. 2009); see also 28
U.S.C. § 1295(a)(9). Because McNair’s claims are pending
before the MSPB, the order from which she seeks review
is not final. See 5 C.F.R. § 1201.113(a) (“The initial
decision will not become the Board’s final decision if
within the time limit for filing . . . any party files a peti-
tion for review . . . .”). McNair may, of course, file a notice
of appeal after the MSPB disposes of all claims and enters
a final decision.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
ISSUED AS A MANDATE: September 19, 2014