NOTE: This order is nonprecedentiai. United States Court of Appea|s for the Federa| Circuit 2009-mo shows J. i=i_ooo, ` Petitioner, V. oFi=icE oi= PEr<soNNEL ix/iANAoErv1ENr, Respondent. _ Petition for review of the iVlerit Systems Protection Board in Pi-i0831090314-l-i. 0 R D E R The ii/lerit Systems Protection Board informs the court that Brodie J. Flood has filed a petition for review by the full Board of the administrative judge’s (AJ) initial decision. The AJ issued his decision on .June 25, 2009. Flood filed a timely petition for review of the AJ’s decision with this court and a petition for review with the Board that was beyond the permissible time iimit. Flood may not simultaneously proceed in both fora. Therefore, if he wishes for his case to proceed in this court, he must dismiss his Board petition.' /-\ccordingiy, ` if Flood chooses to dismiss his Board petition and proceed in this court, the court will review the merits of the AJ’s decision if Flood chooses to dismiss his petition for review in this court and proceed before the Board, the Board may dismiss his petition for review as untimely fiied. if that occurred and Flood sought review of the Board’s decision on timeliness in this court, ourjurisdiotion would be limited to review of the timeliness issue and we would not be able to review the merits of the AJ’s decision

' iT lS ORDERED THAT: if Flood does not notify the court that he has dismissed his petition for review before the Board within 30 days of the date of filing of this order, this petition will be dismissed iFOR THE COURT 2 6 lsi Jan Horbaiy _ CCI s17 Date Jan Horbaiy Clerk Brodie J. Flood Alex P. Hontos, Esq. F|LE u.s. count or AB=EALs Fo ms FEOERAL clRcuir R OCT 2 6 2009 .lAN HORBiiLY Cl.ERK 2009-328O 2