Sampson v. Mspb

Case: 13-3021 Document: 12 Page: 1 Filed: 02/04/2013

United States Court of Appeals for the Federal Circuit

______________________

REGINALD C. SAMPSON, SR.,

Petitioner, v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent.

______________________

2013-3021 ______________________

Petition for review of the Merit Systems Protection Board in case no. DA4324120147-I-1.

______________________ ON MOTION ______________________ PER CURIAM. ORDER

The United States Postal Service moves to dismiss Reginald C. Sampson, Sr.’s petition for review for lack of jurisdiction, and, in the alternative, to reform the caption to designate the Merit Systems Protection Board as the respondent.

It appears that Sampson’s petition stems from an ini- tial decision of the Merit Systems Protection Board (“Board”) and that Sampson has filed a petition for the same action with both the Board and this court. Sampson Case: 13-3021 Document: 12 Page: 2 Filed: 02/04/2013 2 REGINALD SAMPSON, SR. v. MSPB may not simultaneously proceed in both fora. Therefore, if he wishes for his petition for review to proceed in this court, he must dismiss his Board petition.

Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss is denied. If Sampson does not notify the court that he has dismissed his petition for review before the Board within 30 days of filing of this order, this petition will be dismissed.

(2) The motion to reform the caption is granted. The revised official caption is reflected above.

(3) The briefing schedule is stayed.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s25