Wolfe v. MSPB

Case: 26-1568 Document: 13 Page: 1 Filed: 07/06/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HERBERT OTT WOLFE,

Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2026-1568 ______________________

Petition for review of the Merit Systems Protection Board in No. PH-0752-25-1955-I-1. ______________________

ON MOTION ______________________

Before PROST, MAYER, and CUNNINGHAM, Circuit Judges. CUNNINGHAM, Circuit Judge.

ORDER

The Merit Systems Protection Board moves, with Her- bert Ott Wolfe’s consent, to waive the requirements of Fed- eral Circuit Rule 27(f) and to remand this case for the Board to reconsider the decision dismissing Mr. Wolfe’s ap- peal for lack of jurisdiction.

Case: 26-1568 Document: 13 Page: 2 Filed: 07/06/2026

2 WOLFE v. MSPB

It is within this court’s discretion to remand to allow the agency to reconsider its previous position. See SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). Without drawing any conclusions regarding the merits of the parties’ arguments, the court agrees that re- mand here could preserve party and judicial resources. Accordingly,

IT IS ORDERED THAT: (1) The motion is granted to the extent that the case is remanded to the Board to consider its decision consistent with the motion and this order. (2) Each side shall bear its own costs.

FOR THE COURT

July 6, 2026

Date

ISSUED AS A MANDATE: July 6, 2026