Nichols v. Department of Justice

Federal Circuit

Nichols v. Department of Justice

147 F. App'x 157

CourtCourt of Appeals for the Federal Circuit

DecidedAugust 26, 2005

DocketNo. 04-3449

StatusPublished

This text of 147 F. App'x 157 (Nichols v. Department of Justice) 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.

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Nichols v. Department of Justice, 147 F. App'x 157 (Fed. Cir. 2005).

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Opinion

ON MOTION

ORDER

PAULINE NEWMAN, Circuit Judge.

The Department of Justice (DOJ) responds to the court’s April 20, 2005 order and requests that the court reverse the decision of the Merit Systems Protection Board in Nichols v. Justice, No. CH-315H-04-0182-I-1, 96 M.S.P.R. 569, 2004 WL 1716129 (M.S.P.B. Mar.20, 2004) and remand to the Board. Virginia A. Nichols has not responded.

On April 20, 2005, we stayed briefing in this case pending a decision in Ramos v. Justice, 04-8186, because the Administrative Judge (AJ) in this case dismissed Nichols’ appeal on the basis of the Board’s decision in Ramos. The court has now issued a nonprecedential decision in Ramos reversing the Board’s decision and remanding to the Board for further proceedings. DOJ states “we have identified no factual or legal basis upon which to distinguish this case from Ramos” and requests that the court reverse and remand.

Because this court’s decision in Ramos was issued as a nonprecedential order, we decline to reverse. However, we deem it appropriate to grant DOJ’s unopposed request to remand.

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ON MOTION

ORDER

PAULINE NEWMAN, Circuit Judge.

The Department of Justice (DOJ) responds to the court’s April 20, 2005 order and requests that the court reverse the decision of the Merit Systems Protection Board in Nichols v. Justice, No. CH-315H-04-0182-I-1, 96 M.S.P.R. 569, 2004 WL 1716129 (M.S.P.B. Mar.20, 2004) and remand to the Board. Virginia A. Nichols has not responded.

On April 20, 2005, we stayed briefing in this case pending a decision in Ramos v. Justice, 04-8186, because the Administrative Judge (AJ) in this case dismissed Nichols’ appeal on the basis of the Board’s decision in Ramos. The court has now issued a nonprecedential decision in Ramos reversing the Board’s decision and remanding to the Board for further proceedings. DOJ states “we have identified no factual or legal basis upon which to distinguish this case from Ramos” and requests that the court reverse and remand.

Because this court’s decision in Ramos was issued as a nonprecedential order, we decline to reverse. However, we deem it appropriate to grant DOJ’s unopposed request to remand.

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Bluebook (online)

147 F. App'x 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-department-of-justice-cafc-2005.