Akerman v. MSPB

• Court: Court of Appeals for the Federal Circuit
• Decided: October 23, 2024
• Docket: 24-1915
• Status: Unpublished

Opinion

Case: 24-1915 Document: 26 Page: 1 Filed: 10/23/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARTIN AKERMAN, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2024-1915 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-1221-22-0257-W-1. ______________________

Before PROST, BRYSON, and HUGHES, Circuit Judges. PER CURIAM. ORDER In response to this court’s show cause order, the re- spondent urges dismissal of this petition for review, while Martin Akerman asks this court to “exercise its jurisdiction to provide necessary oversight,” ECF No. 25 at 7. Mr. Akerman filed this Individual Right of Action ap- peal with the Merit Systems Protection Board. The admin- istrative judge dismissed the appeal without prejudice, subject to automatic refiling. On petition for review, the Case: 24-1915 Document: 26 Page: 2 Filed: 10/23/2024

Board affirmed and forwarded the appeal to the regional office for docketing and adjudication. 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 as moot. (3) Each side shall bear its own costs. FOR THE COURT

October 23, 2024 Date