Gregory Benn Brown v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GREGORY BENN BROWN,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-2008
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-0752-19-0045-I-2.
______________________
Before P ROST , BRYSON, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
The Merit Systems Protection Board dismissed Greg-
ory Benn Brown’s appeal subject to automatic refiling and
forwarded the appeal to the regional office for further pro-
ceedings on the merits, and Mr. Brown seeks this court’s
review.1 In response to this court’s August 19, 2024 order
1 After this petition for review was filed here, the re-
filed appeal, PH-0752-19-0045-I-2, was dismissed without
Case: 24-2008 Document: 18 Page: 1 Filed: 11/12/2024

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BROWN v. MSPB 2
to show cause, the Board urges dismissal as premature
while Mr. Brown asks this court to proceed with his case.
This court has jurisdiction over only final decisions and
orders from the Board. See 28 U.S.C. § 1295(a)(9); Weed v.
Soc. Sec. Admin., 571 F.3d 1359, 1361 (Fed. Cir. 2009). As
a general rule, an order is final only when it “ends the liti-
gation on the merits and leaves nothing for the court to do
but execute judgment.” Id. (internal quotation marks and
citations omitted). A decision that forwards the matter and
indicates further proceedings on the merits are required
fails to end the litigation on the merits and is not a final
decision of the Board that can be appealed. See
Strausbaugh v. Merit Sys. Prot. Bd., 401 F. App’x 524, 526
(Fed. Cir. 2010) (citing Taylor-Holmes v. Off. of Cook Cnty.
Pub. Guardian, 503 F.3d 607, 609 (7th Cir. 2007); Borelli
v. City of Reading, 532 F.2d 950, 951–52 (3d Cir. 1976); and
9 Charles Alan Wright & Arthur R. Miller, Federal Practice
and Procedure, Civil § 2367 (3d ed. 2008)).
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) All pending motions are denied.
prejudice, subject to automatic refiling following resolution
of the petition for review by this court.
Case: 24-2008 Document: 18 Page: 2 Filed: 11/12/2024

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BROWN v. MSPB 3
(3) Each party shall bear its own costs.
November 12, 2024
Date
F OR THE COURT
Case: 24-2008 Document: 18 Page: 3 Filed: 11/12/2024

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