Whitacre v. Navy

Case: 22-2176 Document: 19 Page: 1 Filed: 06/14/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

ROGER W. WHITACRE,

Petitioner v.

DEPARTMENT OF THE NAVY,

Respondent

______________________

2022-2176 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-22-0199-I-1.

______________________ ON MOTION ______________________

Before PROST, REYNA, and STARK, Circuit Judges. PROST, Circuit Judge.

ORDER

The Department of the Navy moves without opposition to waive the requirements of Federal Circuit Rule 27(f) and to remand this case for further adjudication so that the Merit Systems Protection Board “can reconsider its deci- sion.” Mot. at 1. Specifically, the Department contends that the court should remand so that the Board can Case: 22-2176 Document: 19 Page: 2 Filed: 06/14/2023 2 WHITACRE v. NAVY address, in the first instance, Mr. Whitacre’s argument that the Department of Defense Consolidated Adjudication Facility and the Personnel Security Appeals Board commit- ted a harmful procedural error in revoking his security clearance eligibility without first allowing Mr. Whitacre to provide new information.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the Board to reconsider its decision consistent with the motion and this order.

(2) Each side shall bear its own costs.

FOR THE COURT June 14, 2023 /s/ Jarrett B. Perlow

Date Jarrett B. Perlow

Acting Clerk of Court ISSUED AS A MANDATE: June 14, 2023