Case: 24-1950 Document: 17 Page: 1 Filed: 09/17/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ JAIME MELENDEZ, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2024-1950 ______________________ Petition for review of the Merit Systems Protection Board in No. SF-0752-24-0246-I-1. ______________________ ON MOTION ______________________ Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

ORDER In response to this court’s July 17, 2024 show cause or- der, the Merit Systems Protection Board argues for dismis- sal while Jaime Melendez seeks to proceed with the case.

Mr. Melendez appealed to the Board alleging that his resignation from the Department of the Treasury was in- voluntary and based, at least in part, on disability Case: 24-1950 Document: 17 Page: 2 Filed: 09/17/2024

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discrimination. The administrative judge dismissed Mr. Melendez’s appeal for lack of jurisdiction. Mr. Melendez filed a petition for review with the Board, which remains pending, and a petition for review with this court. In filings with this court, Mr. Melendez states that he abandons the “claim that [he] was discriminated against” and will “only pursue civil- service claims in the Federal Circuit.” ECF No. 4 at 3. 1 We dismiss. This court only has jurisdiction over “an appeal from a final order or final decision of the . . . Board.” 28 U.S.C. § 1295(a)(9). A timely petition for Board review renders the initial decision non-final. See 5 C.F.R. § 1201.113(a); Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361–63 (Fed. Cir. 2009). Given Mr. Melendez’s pending petition at the Board, we currently lack jurisdiction. After the Board issues a final decision on his petition, he may, if necessary, file a timely petition for this court’s review. Al- ternatively, if Mr. Melendez wishes to forgo Board review of his petition and instead directly pursue this court’s re- view, he may wish to review the Board’s withdrawal policy as identified by the Clerk of the Board in a letter accompa- nying the certified list in this case. See ECF No. 11 at 1; see also June 2022 Board Policy. 2

1 Mr. Melendez indicated that he was seeking this court’s review of his involuntary resignation claim while simultaneously seeking review of the Board’s decision be- fore the Equal Employment Opportunity Commission, but the parties’ responses confirm that is not the circumstance.

See ECF No. 16 at 2; ECF No. 15 at 3 n.1.

2 Merit Sys. Prot. Bd., Policy Regarding Clerk’s Au- thority to Grant Requests to Withdraw Petitions for Re- view (2022), Case: 24-1950 Document: 17 Page: 3 Filed: 09/17/2024

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Accordingly, IT IS ORDERED THAT: (1) The petition for review is dismissed. (2) All pending motions are denied. (3) Each party shall bear its own costs.

FOR THE COURT

September 17, 2024 Date

https://www.mspb.gov/appeals/files/Policy_Regard- ing_Withdrawal_of_a_Petition_for_Review_1515773.pdf (last visited September 6, 2024).