Jenkins v. MSPB

Case: 23-1641 Document: 21 Page: 1 Filed: 10/13/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROSEMARY JENKINS,

Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2023-1641 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-0752-11-0867-B-1. ______________________

ON MOTION ______________________

Before REYNA, TARANTO, and HUGHES, Circuit Judges.

REYNA, Circuit Judge.

ORDER

The Merit Systems Protection Board moves unopposed to waive the requirements of Federal Circuit Rule 27(f) and to remand this case to the Board “to consider in the first instance whether Archuleta v. Hopper, 786 F.3d 1340 (Fed. Cir. 2015), warrants a different result in this case.” Mot. at 1.

Case: 23-1641 Document: 21 Page: 2 Filed: 10/13/2023

2 JENKINS v. MSPB

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 October 13, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court ISSUED AS A MANDATE: October 13, 2023