Fitzpatrick v. Merit System Protection Board

52 F. App'x 148

• Court: Court of Appeals for the Federal Circuit
• Decided: November 18, 2002
• Docket: No. 02-3342
• Status: Published

Opinion

ORDER

PAULINE NEWMAN, Circuit Judge.

The parties respond to the court’s order to show cause why Robert Fitzpatrick’s petition for review should not be dismissed because he seeks review of a nonfinal Merit Systems Protection Board decision.

*

Fitzpatrick and the Board agree that Fitzpatrick’s petition should be dismissed for lack of a final Board decision. Fitzpatrick states that he is concerned about what he may argue in any future petition for review. Fitzpatrick’s concern is unfounded; he may raise issues relating to the Board’s remand order on a subsequent timely petition for review of a final Board decision in this matter.

Accordingly,

IT IS ORDERED THAT:

(1) Fitzpatrick’s petition for review is dismissed.

(2) Each side shall bear its own costs.

Fitzpatrick’s motions to stay proceedings and extend the due date for the opening brief are moot.