Opinion
2023-1211
12-29-2022
ANDREW SEARCY, JR., Petitioner v. OFFICE OF PERSONNEL MANAGEMENT, Respondent
This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in Nos. AT-3443-21-0202-I-1, AT-4324-21-0238-I-1, AT-3330-21-0237-I-1.
ORDER
PER CURIAM.
Andrew Searcy, Jr. has filed a petition for review of decisions by the Merit Systems Protection Board. We dismiss the petition for lack of jurisdiction.
Mr. Searcy's petition references: (1) MSPB No. AT-0831-10-0380-I-1, which resulted in a final Board decision on November 30, 2010; and (2) MSPB No. AT-4324-10-0356-I-1, which ultimately resulted in an adverse final decision that was affirmed on appeal in 2012. See Searcy v. MSPB, 486 Fed.Appx. 117 (Fed. Cir. 2012). Those cases are long closed and not now subject to appeal.
Mr. Searcy's petition further identifies Nos. AT-3443-21-0202-I-1, AT-4324-21-0238-I-1, and AT-3330-21-0237-I-1. In each of those cases, Mr. Searcy has pending petitions before the Board for review of an initial decision. The filing of a timely petition for the Board's review of the initial decision renders the initial decision non-final for purposes of our review, 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 petition for review ...."). In the absence of a final Board decision, we lack jurisdiction. See 28 U.S.C. § 1295(a)(9); Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361 (Fed. Cir. 2009).
Accordingly, IT IS ORDERED THAT:
(1) This matter is dismissed.
(2) Each side shall bear its own costs.
This court has directed the Clerk "not to docket any further papers by or on behalf of Mr. Searcy without first referring them to a judge who will determine whether Mr. Searcy is seeking to relitigate a closed case." In re Searcy, No. 2019-117, slip op. at 2 (Fed. Cir. May 22, 2019).