Ahmed v. MSPB ( 2022 )

Case: 22-1347 Document: 19 Page: 1 Filed: 08/25/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ AHMED AHMED, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2022-1347 ______________________ Petition for review of the Merit Systems Protection Board in No. DA-0752-21-0003-I-1. ______________________ ON MOTION ______________________ Before LOURIE, CHEN, and STARK, Circuit Judges. PER CURIAM. ORDER After the administrative judge dismissed his appeal for lack of jurisdiction, Ahmed Ahmed bypassed review by the Merit Systems Protection Board (which lacked a quorum at the time) and filed a petition for review at this court. The Board now moves to remand, so that it can consider the jurisdictional issue in the first instance. The Board states Case: 22-1347 Document: 19 Page: 2 Filed: 08/25/2022 2 AHMED v. MSPB that Mr. Ahmed does not oppose “subject to the preserva- tion of all rights to appeal any and all currently pending issues in the instant action and/or any issues remanded pursuant to a remand in this action.” Mot. at 2. The court agrees that remand here could preserve party and judicial resources, and therefore grants the motion. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the Board for additional proceedings consistent with this order. (2) Each side shall bear its own costs. FOR THE COURT August 25, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: August 25, 2022