Roderick Bernard Plant v. Merit Systems Protection Board

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

RODERICK BERNARD PLANT,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.

2010-3110

Petition for review of the Merit Systems Protection
Board in case no. AT0752100180-I-1.

Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
PER CURIAM.

## ORDER

The court considers whether this petition for review
should be dismissed as premature.

On March 29, 2010, Roderick Bernard Plant filed a
petition for review with the Merit Systems Protection
Board, seeking review of a March 22, 2010 initial decision
by an administrative judge. That petition remains pend-
ing at the Board. On April 5, 2010, this court also re-
ceived a petition for review of the initial decision.
However, pursuant to the terms of the initial decision, the

<!-- PageBreak -->

<!-- PageHeader="PLANT v. MSPB" -->

initial decision would not become final until April 26,
2010, and then only if Plant did not petition the Board for
review.

Because the initial decision is not final and the peti-
tion for review remains pending before the Board, Plant's
petition seeking review by this court is premature. 28
U.S.C. § 1295(a)(9) (this court has jurisdiction to review a
"final order or final decision of the Merit Systems Protec-
tion Board"). After the Board rules on his petition for
review, Plant may if appropriate file a petition for review
with this court, which must be received by this court
within 60 days of his receipt of the Board's ruling.

Accordingly,

IT IS ORDERED THAT:

(1) This petition for review is dismissed as prema-
ture.

(2) Each side shall bear its own costs.

FOR THE COURT

MAY 1 9 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Roderick Bernard Plant
Carrie A. Dunsmore, Esq.
Merit Systems Protection Board, Clerk

s8

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 1 9 2010

JAN HORBALY
CLERK