Camerron L. Bradberry v. Department of the Air Force

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CAMERRON L. BRADBERRY,
Petitioner
v.
DEPARTMENT OF THE AIR FORCE,
Respondent
______________________
2023-2289
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-1221-23-0108-W-1.
______________________
ON MOTION
______________________
Before L OURIE, M AYER, and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Camerron L. Bradberry moves for leave to proceed in
forma pauperis. The Department of the Air Force moves to
dismiss the petition for lack of jurisdiction. Mr. Bradberry
has not responded.
On August 11, 2023, Mr. Bradberry filed a timely peti-
tion for the Merit Systems Protection Board’s review of an
Case: 23-2289 Document: 13 Page: 1 Filed: 11/06/2023

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BRADBERRY v. AIR FORCE 2
administrative judge’s initial decision denying Mr. Brad-
berry’s request for corrective action. Also on August 11,
2023, this court received Mr. Bradberry’s petition to review
the same initial decision.
This court does not yet have authority to decide this
case. Although this court has jurisdiction to review final
orders or final decisions of the Board, see 28 U.S.C.
§ 1295(a)(9); see also Weed v. Soc. Sec. Admin., 571 F.3d
1359, 1361 (Fed. Cir. 2009), Mr. Bradberry’s pending
timely petition at the Board renders the initial decision
non-final for purposes of our jurisdiction. See 5 U.S.C.
§ 7701(e)(1)(A) (providing that the initial decision does not
become final if a party timely petitions the Board for re-
view); 5 C.F.R. § 1201.113(a) (“The initial decision will not
become the Board’s final decision if within the time limit
for filing . . . any party files a petition for review . . . .”).
As the Air Force notes, two potential paths to this
court’s review are available to Mr. Bradberry. First, Mr.
Bradberry may wait to receive a final determination from
the Board on his petition, at which point Mr. Bradberry
may, if necessary, seek this court’s review by filing a timely
petition here. Alternatively, Mr. Bradberry may file a mo-
tion at the Board to withdraw his petition pursuant to the
June 2022 policy on the Board’s website.* Under that pol-
icy, the Clerk of the Board may grant requests to withdraw
a petition for review when there is no apparent issue of un-
timeliness with the petition and no other party objects to
the withdrawal. When the Clerk grants a request to
* Merit Sys. Prot. Bd., Policy Regarding Clerk’s Au-
thority to Grant Requests to Withdraw Petitions for Re-
view (2022),
https://www.mspb.gov/appeals/files/Policy_Regard-
ing_Withdrawal_of_a_Petition_for_Review_1515773.pdf
(last visited October 13, 2023).
Case: 23-2289 Document: 13 Page: 2 Filed: 11/06/2023

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BRADBERRY v. AIR FORCE 3
withdraw, the order granting the request will be the final
order of the Board for purposes of obtaining judicial review.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted. The petition for
review is dismissed.
(2) All other pending motions are denied as moot.
(3) Each side shall bear its own costs.
November 6, 2023
Date
F OR THE COURT
ISSUED AS A MANDATE: November 6, 2023
Case: 23-2289 Document: 13 Page: 3 Filed: 11/06/2023

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