Darron L. Harpe v. Department of the Navy

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

DARRON L. HARPE,
Petitioner,
v.
DEPARTMENT OF THE NAVY,
Respondent.

2011-3111

Petition for review of the Merit Systems Protection
Board in case no. AT0731110186-I-1.

## ON MOTION

Before LOURIE, MOORE, and REYNA, Circuit Judges.
PER CURIAM.

## ORDER

The Department of the Navy moves to waive the re-
quirements of Fed. Cir. R. 27(f) and to dismiss Darron L.
Harpe's petition for review as premature.

On April 2, 2011, Harpe filed a petition for review
with the Merit Systems Protection Board, seeking review
of an initial decision by an administrative judge dismiss-

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ing his petition for lack of jurisdiction. That petition
remains pending at the Board. On April 13, 2011, this
court also received a petition for review from the same
initial decision.

Because the petition for review remains pending be-
fore the Board, Harpe's petition seeking review by this
court is premature. 28 U.S.C. § 1295(a)(9) (this court has
jurisdiction to review a "final order or final decision of the
Merit Systems Protection Board"). After the Board rules
on his petition for review, Harpe may, if appropriate, file
a petition for review with this court, which must be re-
ceived by this court within 60 days of his receipt of the
Board's ruling.

Accordingly,

IT IS ORDERED THAT:

(1) The Navy's motions are granted. The petition for
review is dismissed.

(2) Each side shall bear its own costs.

FOR THE COURT

SEP 02 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Darron L. Harpe
Ellen M. Lynch, Esq.
Merit Systems Protection Board, Clerk

s20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 02 2011

JAN HORBALY
CLERK