Case: 12-3158 Document: 31 Page: 1 Filed: 03/25/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ALGRIE MARTINO JOHNSON, JR., Petitioner,

v.

DEPARTMENT OF THE TREASURY, Respondent. ______________________

2012-3158 ______________________

Petition for review of the Merit Systems Protection Board in No. PH315H120124-I-1. ______________________

Before NEWMAN, MOORE, and CHEN, Circuit Judges. MOORE, Circuit Judge. ORDER The parties inform the court in their status reports that the Merit Systems Protection Board has issued a final decision. In this petition, Algrie Martino Johnson, Jr. seeks re- view of an initial decision that had dismissed his appeal at the Board as untimely. At the same time, Johnson also sought the full Board’s review of that initial decision. The Board vacated that initial decision and rejected the ap- peal on another ground, i.e., that Johnson had not shown Case: 12-3158 Document: 31 Page: 2 Filed: 03/25/2014

2 ALGRIE JOHNSON, JR. v. TREASURY

the appeal should be reopened after having been previous- ly withdrawn. We directed the parties to file status reports. Because the initial decision was vacated, this petition for review of that initial decision must be dis- missed. Accordingly, IT IS ORDERED THAT: This petition for review is dismissed.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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