Burroughs v. Merit Systems Protection Board

U.S. Court of Appeals for the Federal Circuit
Burroughs v. Merit Systems Protection Board, 446 F. App'x 293 (Fed. Cir. 2011)

Burroughs v. Merit Systems Protection Board

Opinion

ON MOTION

ORDER

PER CURIAM.

The Merit Systems Protection Board (MSPB) moves to dismiss the petition for lack of jurisdiction. Milo Burroughs replies.

Burroughs petitioned for review of an MSPB decision that dismissed one of Burroughs’ Veterans Employment Opportunities Act claims and remanded to the administrative judge Burroughs’ claims relating to employment practices.

This court’s review of MSPB decisions is limited to final orders or final decisions. See Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361-63 (Fed.Cir. 2009); see also 28 U.S.C. § 1295(a)(9). In Cabot Corp. v. United States, 788 F.2d 1539, 1542 (Fed.Cir. 1986), we stated the uncontroversial rule that “an order remanding a matter to an administrative agency for further findings and proceedings is not final.” See also Patterson v. Office of Pers. Mgmt., 111 Fed.Appx. 590 (Fed.Cir. 2004). Because Burroughs’ employment practices claim was remanded to the administrative judge, the order which he seeks review of is not final. Mr. Burroughs may, of course, file a notice of appeal after the MSPB disposes of all claims and enters a final decision.

Accordingly,

It is Ordered That:

The motion to dismiss is granted.

Reference

Full Case Name
Milo D. BURROUGHS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of the Army, Intervenor
Cited By
2 cases
Status
Unpublished