Denise Johnson v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DENISE JOHNSON,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2025-1620
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-1221-24-0118-W-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 con-
sent to waive the requirements of Federal Circuit Rule
27(f) and remand this matter to the Board to “consider its
holding in light of” Reese v. Department of the Navy, 2025
MSPB 1, 2025 WL 371023 (M.S.P.B. Jan. 31, 2025), and
Case: 25-1620 Document: 46 Page: 1 Filed: 07/06/2026

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JOHNSON v. MSPB 2
Holman v. Department of the Army, 2025 MSPB 2, 2025
WL 659050 (M.S.P.B. Feb. 27, 2025). ECF No. 45 at 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. The case is remanded to the
Board for further consideration 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: 25-1620 Document: 46 Page: 2 Filed: 07/06/2026

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