NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit RODERICK BERNARD PLANT, Petitioner, vI MERIT SYSTEMS PROTECTION BOARD, Respondent. ° 2010-3110 Petition for review of the Merit Systems Protection B0ard in case no. ATO752100180-I-1.

Before RADER, FR1EDMAN, and GAJARsA, Circu£t Judges.

PER CURIAM.

0 R D E R 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 B0ard', seeking review of a March 22, 2010 initial decision by an administrative judge. That petition remains pend- ing at the Board. 0n 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 PLANT V. MSPB 2 initial decision would not become final until Apri1 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 B0ard 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 Acc0rdingly, IT ls 0RDERED 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"2Il1U /s/ J an Horbal_v Date J an Horbaly Clerk cc: Roderick Bernard Plant Carrie A. Dunsmore, Esq.

Merit Systems Protection Board, Clerk s8 v . 9 L8FOR V|AY 1 9 2010 JAN HORBAL¥ CLERK