Opinion
2014-3068
04-23-2014
PUSHPA BISARYA, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in No. DE-0752-13-1939-I-1.
Before LOURIE, DYK, and REYNA, Circuit Judges. PER CURIAM.
ORDER
In light of the Merit Systems Protection Board ("MSPB")'s notification that Ms. Bisarya has filed a petition for review at the MSPB, we consider whether this petition should be dismissed.
This court's review of MSPB decisions is limited to final orders or final decisions. See Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361-63 (Fed. Cir. 2009); see also 28 U.S.C. § 1295(a)(9). Here, Ms. Bisarya filed a timely petition for review with the MSPB, which remains pending and which rendered the initial decision non-final for purposes of our review. 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 petition for review . . ."). Because there is no final order or final decision of the MSPB, this court currently lacks jurisdiction over this case.
This order does not prevent Ms. Bisarya from seeking this court's review by filing a timely petition for review after the MSPB enters a final decision.
Accordingly,
IT IS ORDERED THAT:
The petition is dismissed. Each side shall bear its own costs.
FOR THE COURT
________________
Daniel E. O'Toole
Clerk of Court
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