Renee Annette Chrustowski v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RENEE ANNETTE CHRUSTOWSKI,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-1928
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-0752-24-0299-I-1.
______________________
Before P ROST , BRYSON, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s August 16, 2024 order to
show cause, the Merit Systems Protection Board urges dis-
missal; Renee Annette Chrustowski requests transfer.
Ms. Chrustowski filed an appeal at the Board. The ad-
ministrative judge’s initial decision dismissed. Ms.
Chrustowski filed a timely petition for review by the full
Case: 24-1928 Document: 37 Page: 1 Filed: 11/12/2024

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CHRUSTOWSKI v. MSPB 2
Board, which remains pending. She also filed this petition
for review identifying the initial decision.1
This court only has jurisdiction over “an appeal from a
final order or final decision of the . . . Board.” 28 U.S.C.
§ 1295(a)(9). A timely petition for Board review renders
the initial decision non-final. See 5 C.F.R. § 1201.113(a);
Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361–63 (Fed. Cir.
2009). Given the pending petition at the Board, we cur-
rently lack jurisdiction. After the Board issues a final de-
cision, petitioner may, if necessary, file a timely petition for
this court’s review. Alternatively, if she wishes to forgo
Board review of her petition and instead directly pursue
this court’s review, she may wish to review the Board’s
withdrawal policy as identified by the Clerk of the Board
in a letter accompanying the certified list in this case. See
ECF No. 10 at 1; see also June 2022 Board Policy.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) All pending motions are denied.
1 The petition also appears to identify a matter be-
fore the Equal Employment Opportunity Commission and
appeals before the United States Court of Appeals for the
Third Circuit—all of which are outside of this court’s juris-
diction. See 28 U.S.C. § 1295.
Case: 24-1928 Document: 37 Page: 2 Filed: 11/12/2024

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CHRUSTOWSKI v. MSPB 3
(3) Each party shall bear its own costs.
November 12, 2024
Date
F OR THE COURT
Case: 24-1928 Document: 37 Page: 3 Filed: 11/12/2024

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