Martin Akerman v. Department of the Air Force

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARTIN AKERMAN,
Petitioner
v.
DEPARTMENT OF THE AIR FORCE,
Respondent
______________________
2024-133
______________________
On Petition for Permission to Appeal from the Merit
Systems Protection Board in No. DC-1221-22-0445-W-2.
______________________
ON PETITION AND MOTION
______________________
Before STOLL, CUNNINGHAM, and STARK , Circuit Judges.
PER C URIAM.
O R D E R
Martin Akerman petitions for permission for interlocu-
tory appeal from a May 31, 2024 Acknowledgement Order
issued by an administrative judge of the Merit Systems
Protection Board. Mr. Akerman also moves to hold the pe-
tition in abeyance, ECF No. 4, and objects to the caption,
ECF No. 5. We deny the petition and the motions.
Case: 24-133 Document: 10 Page: 1 Filed: 07/05/2024

-- 1 of 2 --

AKERMAN v. AIR FORCE 2
The May 31, 2024 order is the administrative judge’s
acknowledgement of the refiling of Mr. Akerman’s appeal
following dismissal subject to automatic reinstatement. In
that order, the administrative judge denied a request for
joinder of the National Guard and reiterated previous rul-
ings as to the scope of the appeal and extent of permitted
discovery. Mr. Akerman’s petition here asks this court to
reverse those aspects of the May 31, 2024 order.
In matters from the Board, this court’s jurisdiction is
generally limited to “an appeal from a final order or final
decision,” 28 U.S.C. § 1295(a)(9) (emphases added), and
“an order is final only when it ends the litigation on the
merits and leaves nothing for the [tribunal] to do but exe-
cute the judgment,” Weed v. Social Sec. Admin., 571 F.3d
1359, 1361 (Fed. Cir. 2009) (cleaned up). The May 31, 2024
order clearly does not resolve the merits of Mr. Akerman’s
appeal before the Board, which remains pending. And Mr.
Akerman has not identified, and the court is not aware of,
any basis for this court’s immediate, interlocutory review
of the administrative judge’s order under the circum-
stances.
Accordingly,
IT IS O RDERED THAT:
The petition and all pending motions are denied.
July 5, 2024
Date
FOR THE C OURT
Case: 24-133 Document: 10 Page: 2 Filed: 07/05/2024

-- 2 of 2 --