Karpenkopf v. MSPB

Case: 24-2233 Document: 20 Page: 1 Filed: 03/03/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

MIKHAIL KARPENKOPF,

Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2024-2233 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-0752-24-0337-I-1.

______________________ ON MOTION ______________________

Before TARANTO, STOLL, and STARK, Circuit Judges. STARK, Circuit Judge.

ORDER

The Merit Systems Protection Board moves with con- sent to waive the requirements of Federal Circuit Rule 27(f) and remand this matter to the Board “to consider in the first instance whether the Board may assert jurisdic- tion over this appeal challenging the continuation of the Petitioner’s indefinite suspension pending a final decision Case: 24-2233 Document: 20 Page: 2 Filed: 03/03/2025 2 KARPENKOPF v. MSPB on his security clearance,” ECF No. 19 at 1, conceding “the Board’s case law appears to be inconsistent in its handling of” these types of appeals, id. at 6, and noting the Board has not addressed the issue in this case because the Peti- tioner filed this petition for review directly from the admin- istrative judge’s initial decision, id. at 1.

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

(2) Each side shall bear its own costs.

FOR THE COURT March 3, 2025

Date ISSUED AS A MANDATE: March 3, 2025