Case: 22-1736 Document: 15 Page: 1 Filed: 08/29/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CYRIL D. ORAM, JR.,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2022-1736
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-4324-21-0450-I-1.
______________________
Before LOURIE, CHEN, and STARK, Circuit Judges.
PER CURIAM.
ORDER
In response to the court’s June 27, 2022 order to show
cause, the Merit Systems Protection Board urges dismissal
of Cyril D. Oram, Jr.’s petition for review as premature.
Mr. Oram has not filed a response.
Mr. Oram filed an appeal at the Board from a decision
of the Department of the Air Force withdrawing a job offer.
At Mr. Oram’s request, the administrative judge on Janu-
ary 19, 2022 issued an order dismissing the appeal without
prejudice to refiling by April 20, 2022. On April 20, 2022,
Case: 22-1736 Document: 15 Page: 2 Filed: 08/29/2022
2 ORAM v. MSPB
Mr. Oram refiled his appeal. On April 23, 2022, this court
received Mr. Oram’s petition to review the January 19,
2022 order. Since the docketing of this petition, the admin-
istrative judge has granted Mr. Oram’s second request to
dismiss without prejudice, subject to automatic refiling “on
or about October 10, 2022.” ECF No. 14, Appx 17–18.
This court’s review of Board decisions is limited to final
orders or final decisions. See
28 U.S.C. § 1295(a)(9); see
also Weed v. Soc. Sec. Admin.,
571 F.3d 1359, 1361 (Fed.
Cir. 2009). Board dismissals without prejudice are not fi-
nal for purposes of judicial review in cases such as this
where the petitioner requests the dismissal and the Board
leaves the option of refiling. See Strausbaugh v. Merit Sys.
Prot. Bd., 401 F. App’x 524, 526 (Fed. Cir. 2010). We there-
fore dismiss for lack of jurisdiction. Mr. Oram may petition
this court for review after issuance of a final decision.
Accordingly,
IT IS ORDERED THAT:
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
FOR THE COURT
August 29, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
