NOTE: This order is nonprecedential.

United States Court of Appea|s for the Federal Circuit 2010-seas y oEsoRAn c. HArzr<lson, Petitioner, V. OFF|CE OF PERSONNEL lVlANAGEMENT, Respondent.

Petition for review of the |V|erit Systems Protection Board in DC844E100127-l-1.

ON MOTlON R D E R The court considers whether Deborah G. Harrison’s petition for review should be dismissed y lt appears that Harrison’s petition stems from an initial decision of the lVlerit Systerns Protection Board and that Harrison has filed a petition for review of the same action with both the Board and this court lt appears that Harrison's petition with the Board may have been untime|y. Harrison may not simultaneously proceed in both fora.

Therefore, if she wishes for her petition for review to proceed in this court, she must dismiss her Board petition.' Accordingly, ' if Harrison chooses to dismiss her Board petition and proceed in this court, the court will review the merits of the AJ’s decision. lf she chooses to dismiss her petition for review in this court and proceed before the Board, the Board may dismiss her petition for review as untimely filed. |f that occurred and Harrison sought review of the Board’s decision on timeliness in this court, our jurisdiction would be limited to review of the timeliness issue and we would not be able to review the merits of the AJ’s decision. |T |S ORDERED THAT: lt Harrison does not notify the court that she has dismissed her petition for review before the Board within 30 days of filing of this order, this petition will be dismissed APR 1 4 2810 Date cc: Deborah G. Harrison ll/lichae| N. O'Connell, Esq. s19 20‘l0-3086- 2 - FOR THE COURT _ifS1Jan l-lorbalv Jan Horbaly Clerk FlLED u.s. count 0F APi>EAi.s ron nis Fizi)eRiiL ciRcui'r APR 1 4 2010 .lAN Hi}RBALY CLERK