McDermott v. MSPB

Case: 25-1592 Document: 22 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NOTE: This order is nonprecedential.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 ______________________

2025-1592 ______________________ Petition for review of the Merit Systems Protection Board in No. SF-0752-20-0705-I-1. ______________________

ON MOTION ______________________ PER CURIAM.

ORDER

In May 2024, this court transferred Lance McDermott’s mixed case to federal district court because this court lacks jurisdiction over such cases. See Appeal No. 2024-1788, ECF No. 31. The district court has since dismissed, and Mr. McDermott has an appeal pending before the United Case: 25-1592 Document: 22 Page: 2 Filed: 09/12/2025

2 MCDERMOTT v. MSPB

States Court of Appeals for the Ninth Circuit. Mr. McDer- mott 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 Protection 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