Ahmed Ahmed v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
AHMED AHMED,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2022-1347
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0752-21-0003-I-1.
______________________
ON MOTION
______________________
Before LOURIE, CHEN , and STARK , Circuit Judges.
PER C URIAM.
O R D E R
After the administrative judge dismissed his appeal for
lack of jurisdiction, Ahmed Ahmed bypassed review by the
Merit Systems Protection Board (which lacked a quorum at
the time) and filed a petition for review at this court. The
Board now moves to remand, so that it can consider the
jurisdictional issue in the first instance. The Board states
Case: 22-1347 Document: 19 Page: 1 Filed: 08/25/2022

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AHMED v. MSPB 2
that Mr. Ahmed does not oppose “subject to the preserva-
tion of all rights to appeal any and all currently pending
issues in the instant action and/or any issues remanded
pursuant to a remand in this action.” Mot. at 2. The court
agrees that remand here could preserve party and judicial
resources, and therefore grants the motion.
Accordingly,
IT IS O RDERED THAT:
(1) The motion is granted. The case is remanded to the
Board for additional proceedings consistent with this order.
(2) Each side shall bear its own costs.
August 25, 2022
Date
FOR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: August 25, 2022
Case: 22-1347 Document: 19 Page: 2 Filed: 08/25/2022

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