Algrie Martino Johnson, Jr. v. Department of the Treasury

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALGRIE MARTINO JOHNSON, JR.,
Petitioner,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
______________________
2012-3158
______________________
Petition for review of the Merit Systems Protection
Board in No. PH315H120124-I-1.
______________________
Before N EWMAN, MOORE, and CHEN, Circuit Judges.
MOORE, Circuit Judge.
O R D E R
The parties inform the court in their status reports
that the Merit Systems Protection Board has issued a
final decision.
In this petition, Algrie Martino Johnson, Jr. seeks re-
view of an initial decision that had dismissed his appeal
at the Board as untimely. At the same time, Johnson also
sought the full Board’s review of that initial decision. The
Board vacated that initial decision and rejected the ap-
peal on another ground, i.e., that Johnson had not shown
Case: 12-3158 Document: 31 Page: 1 Filed: 03/25/2014

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ALGRIE JOHNSON, JR. v. TREASURY 2
the appeal should be reopened after having been previous-
ly withdrawn. We directed the parties to file status
reports. Because the initial decision was vacated, this
petition for review of that initial decision must be dis-
missed.
Accordingly,
I T I S O RDERED T HAT :
This petition for review is dismissed.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 12-3158 Document: 31 Page: 2 Filed: 03/25/2014

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