Milo D. Burroughs v. Merit Systems Protection Board

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

MILO D. BURROUGHS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
DEPARTMENT OF THE ARMY,
Intervenor.

2011-3119

Petition for review of the Merit Systems Protection
Board in case no, DA3330100506-I-1.

ON MOTION

Before BRYSON, SCHALL, and PROST, Circuit Judges.
PER CURIAM.

ORDER

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The Merit Systems Protection Board (MSPB) moves to
dismiss the petition for lack of jurisdiction.
Milo
Burroughs replies.

Burroughs petitioned for review of an MSPB decision
that dismissed one of Burroughs' Veterans Employment
Opportunities Act claims and remanded to the adminis-
trative judge Burroughs' claims relating to employment
practices.

This court's review of MSPB decisions is limited to fi-
nal orders or final decisions. See Weed v. Soc. Sec.
Admin., 571 F.3d 1359, 1361-63 (Fed. Cir.2009); see
also 28 U.S.C. § 1295(a)(9). In Cabot Corp. v. United
States, 788 F.2d 1539, 1542 (Fed. Cir. 1986), we stated the
uncontroversial rule that "an order remanding a matter to
an administrative agency for further findings and pro-
ceedings is not final." See also Patterson v. Office of Pers.
Mgmt., 111 F. App'x 590 (Fed. Cir. 2004). Because
Burroughs' employment practices claim was remanded to
the administrative judge, the order which he seeks review
of is not final. Mr. Burroughs may, of course, file a notice
of appeal after the MSPB disposes of all claims and enters
a final decision.

Accordingly,
IT IS ORDERED THAT:
The motion to dismiss is granted.

FOR THE COURT

NOV 0 4 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 04 2011

JAN HORBALY
CLERK

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cc: Vincent D. Phillips, Esq.
Jeffrey Gauger, Esq.
Milo D. Burroughs
s24

Issued As A Mandate:

NOV 04 2011