Robert L. Britton v. Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROBERT L. BRITTON,
Petitioner
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent
______________________
2024-2366
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-831M-21-0233-B-1.
______________________
Before L OURIE, MAYER, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Robert L. Britton petitions this court to review the ad-
ministrative judge’s initial decision, even though he has a
timely petition to review the same decision pending before
the Merit Systems Protection Board. In response to this
court’s October 30, 2024 show cause order, the Office of
Personnel Management urges dismissal as premature. Mr.
Britton has not responded.
In general, this court only has jurisdiction over “an ap-
peal from a final order or final decision of the . . . Board.”
Case: 24-2366 Document: 7 Page: 1 Filed: 01/31/2025

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BRITTON v. OPM 2
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). Given the pending petition at the Board, we
currently lack jurisdiction. After the Board issues a final
decision, petitioner may, if necessary, file a timely petition
for this court’s review. Alternatively, if he wishes to forgo
Board review of his petition and instead directly pursue
this court’s review, he may wish to consider the Board’s
withdrawal policy as identified by the Clerk of the Board
in the letter accompanying the certified list in this case.
See ECF No. 3 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.
(3) Each party shall bear its own costs.
January 31, 2025
Date
F OR THE COURT
Case: 24-2366 Document: 7 Page: 2 Filed: 01/31/2025

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