Opinion
2014-3095
08-25-2014
DAWN HANSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential. Petition for review of the Merit Systems Protection Board in No. CH-0752-14-0082-I-1.
ON MOTION
Before O'MALLEY, WALLACH, and HUGHES, Circuit Judges. O'MALLEY, Circuit Judge.
ORDER
The Merit Systems Protection Board ("Board") moves without opposition to remand this case for a jurisdictional hearing.
In its decision, the Board dismissed Dawn Hanson's appeal for lack of jurisdiction, finding that Hanson failed to make non-frivolous allegations that her resignation was involuntary. On appeal, the Board concedes that Hanson made the required non-frivolous allegations, and that she is entitled to a jurisdictional hearing before the Board.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. This case is remanded for further proceedings consistent with this order.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O'Toole
Daniel E. O'Toole
Clerk of Court
s30 ISSUED AS A MANDATE: August 25, 2014