Mikhail Karpenkopf v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MIKHAIL KARPENKOPF,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-2233
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-24-0337-I-1.
______________________
ON MOTION
______________________
Before TARANTO, STOLL, and STARK, Circuit Judges.
STARK, Circuit Judge.
O R D E R
The Merit Systems Protection Board moves with con-
sent to waive the requirements of Federal Circuit Rule
27(f) and remand this matter to the Board “to consider in
the first instance whether the Board may assert jurisdic-
tion over this appeal challenging the continuation of the
Petitioner’s indefinite suspension pending a final decision
Case: 24-2233 Document: 20 Page: 1 Filed: 03/03/2025

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KARPENKOPF v. MSPB 2
on his security clearance,” ECF No. 19 at 1, conceding “the
Board’s case law appears to be inconsistent in its handling
of” these types of appeals, id. at 6, and noting the Board
has not addressed the issue in this case because the Peti-
tioner filed this petition for review directly from the admin-
istrative judge’s initial decision, id. at 1.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the
Board for further consideration consistent with the motion
and this order.
(2) Each side shall bear its own costs.
March 3, 2025
Date
FOR THE COURT
ISSUED AS A MANDATE: March 3, 2025
Case: 24-2233 Document: 20 Page: 2 Filed: 03/03/2025

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