Antonio Lamar Sinclair v. Department of the Air Force

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ANTONIO LAMAR SINCLAIR,
Petitioner
v.
DEPARTMENT OF THE AIR FORCE,
Respondent
______________________
2023-1390
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-0752-16-0376-X-1.
______________________
Before D YK, T ARANTO, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Antonio Lamar Sinclair appeals an order of the Merit
Systems Protection Board granting the Department of the
Air Force an extension of time to submit a notice of compli-
ance. In response to this court’s February 13, 2023, show
cause order, the Department urges dismissal of this appeal
as premature. Mr. Sinclair has not responded.
This court’s review of decisions of the Board is limited
to final orders or final decisions. See 28 U.S.C. § 1295(a)(9);
see also Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361 (Fed.
Case: 23-1390 Document: 7 Page: 1 Filed: 05/17/2023

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SINCLAIR v. AIR FORCE 2
Cir. 2009) (“We have held that the final judgment rule ap-
plies to appeals from the Merit Systems Protection
Board.”). Generally, a decision is “final” where it “ends the
litigation on the merits and leaves nothing for the court to
do but execute the judgment.” Weed, 571 F.3d at 1361 (ci-
tation omitted). An order granting an extension of time
clearly fails to end the litigation on the merits and is not a
final order or decision. We therefore dismiss this petition
for review as premature.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
May 17, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Chief Deputy Clerk
Case: 23-1390 Document: 7 Page: 2 Filed: 05/17/2023

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