Case: 23-1641 Document: 21 Page: 1 Filed: 10/13/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROSEMARY JENKINS,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1641
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-11-0867-B-1.
______________________
ON MOTION
______________________
Before REYNA, TARANTO, and HUGHES, Circuit Judges.
REYNA, Circuit Judge.
ORDER
The Merit Systems Protection Board moves unopposed
to waive the requirements of Federal Circuit Rule 27(f) and
to remand this case to the Board “to consider in the first
instance whether Archuleta v. Hopper,
786 F.3d 1340 (Fed.
Cir. 2015), warrants a different result in this case.” Mot.
at 1.
Case: 23-1641 Document: 21 Page: 2 Filed: 10/13/2023
2 JENKINS v. MSPB
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the
Board to reconsider its decision consistent with the motion
and this order.
(2) Each side shall bear its own costs.
FOR THE COURT
October 13, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Clerk of Court
ISSUED AS A MANDATE: October 13, 2023
