Sheila A. McNair v. Department of Agriculture

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SHEILA A. MCNAIR,
Petitioner,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
______________________
2014-3141
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-14-0385-I-1.
______________________
ON MOTION
______________________
Before O’MALLEY , WALLACH , and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
The Department of Agriculture moves to dismiss the
petition for lack or jurisdiction. Sheila A. McNair has not
responded.
McNair petitioned this court for review of a decision of
the Merit Systems Protection Board (MSPB) that affirmed
her removal. After the initial decision, McNair filed a
Case: 14-3141 Document: 12 Page: 1 Filed: 09/19/2014

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MCNAIR v. DEPARTMENT OF AGRICULTURE 2
petition for review with the Office of the Clerk of the
MSPB. The petition remains pending with the MSPB.
This court’s review of MSPB decisions is limited to fi-
nal orders or final decisions. See Weed v. Soc. Sec. Ad-
min., 571 F.3d 1359, 1361-63 (Fed. Cir. 2009); see also 28
U.S.C. § 1295(a)(9). Because McNair’s claims are pending
before the MSPB, the order from which she seeks review
is not final. See 5 C.F.R. § 1201.113(a) (“The initial
decision will not become the Board’s final decision if
within the time limit for filing . . . any party files a peti-
tion for review . . . .”). McNair may, of course, file a notice
of appeal after the MSPB disposes of all claims and enters
a final decision.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
ISSUED AS A MANDATE: September 19, 2014
Case: 14-3141 Document: 12 Page: 2 Filed: 09/19/2014

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