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NOTE: This order is nonprecedential.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

Case-law data current through September 30, 2026. Source: CourtListener bulk data.