Herbert Ott Wolfe v. Merit Systems Protection Board

NOTE: This order is nonprecedential.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, M AYER, and CUNNINGHAM, Circuit Judges.
CUNNINGHAM, Circuit Judge.
O R D E R
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: 1 Filed: 07/06/2026

-- 1 of 2 --

WOLFE v. MSPB 2
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 O RDERED 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.
July 6, 2026
Date
FOR THE C OURT
ISSUED AS A MANDATE: July 6, 2026
Case: 26-1568 Document: 13 Page: 2 Filed: 07/06/2026

-- 2 of 2 --