Jenkins v. MSPB
This text of Jenkins v. MSPB (Jenkins v. MSPB) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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NOTE: This order is nonprecedential.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
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
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