U.S. Court of Appeals for the Federal Circuit, 2025

McDermott v. MSPB

McDermott v. MSPB
U.S. Court of Appeals for the Federal Circuit · Decided September 12, 2025

McDermott v. MSPB

Opinion

Case: 25-1574 Document: 24 Page: 1 Filed: 09/12/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ LANCE MCDERMOTT, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent UNITED STATES POSTAL SERVICE, Intervenor ______________________ 2025-1574 ______________________ Petition for review of the Merit Systems Protection Board in No. SF-0353-21-0159-I-1. ______________________ ON MOTION ______________________ PER CURIAM.

ORDER In October 2024, this court transferred Lance McDer- mott’s mixed case to federal district court because this court lacks jurisdiction over such cases. See Appeal No. 2024-1981, ECF No. 13. The district court has since dis- missed, and Mr. McDermott has an appeal pending before Case: 25-1574 Document: 24 Page: 2 Filed: 09/12/2025

2 MCDERMOTT v. MSPB

the United States Court of Appeals for the Ninth Cir- cuit. Mr. McDermott has now filed a second, duplicative appeal with this court. Because we lack jurisdiction and see no reason to transfer, we grant the Merit Systems Pro- tection Board’s motion to dismiss.

Accordingly, IT IS ORDERED THAT: (1) The motion is granted. This matter is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT

September 12, 2025 Date

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