Roger W. Whitacre v. Department of the Navy

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROGER W. WHITACRE,
Petitioner
v.
DEPARTMENT OF THE NAVY,
Respondent
______________________
2022-2176
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-22-0199-I-1.
______________________
ON MOTION
______________________
Before P ROST , REYNA, and STARK, Circuit Judges.
P ROST , Circuit Judge.
O R D E R
The Department of the Navy moves without opposition
to waive the requirements of Federal Circuit Rule 27(f) and
to remand this case for further adjudication so that the
Merit Systems Protection Board “can reconsider its deci-
sion.” Mot. at 1. Specifically, the Department contends
that the court should remand so that the Board can
Case: 22-2176 Document: 19 Page: 1 Filed: 06/14/2023

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WHITACRE v. NAVY 2
address, in the first instance, Mr. Whitacre’s argument
that the Department of Defense Consolidated Adjudication
Facility and the Personnel Security Appeals Board commit-
ted a harmful procedural error in revoking his security
clearance eligibility without first allowing Mr. Whitacre to
provide new information.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion is granted. The case is remanded to the
Board to reconsider its decision consistent with the motion
and this order.
(2) Each side shall bear its own costs.
June 14, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Acting Clerk of Court
ISSUED AS A MANDATE: June 14, 2023
Case: 22-2176 Document: 19 Page: 2 Filed: 06/14/2023

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