PATEL v. USPS , No. 14-3160 (Fed. Cir. 2014)

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Case: 14-3160 Document: 8 Page: 1 Filed: 10/07/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ SMITA A. PATEL, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. ______________________ 2014-3160 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0353-13-0477-I-1. ______________________ ON MOTION ______________________ Before PROST, Chief Judge, DYK AND MOORE, Circuit Judges. PER CURIAM. ORDER The United States Postal Service moves to dismiss this petition for lack of jurisdiction. This court s review of Merit Systems Protection Board decisions is limited to final orders or final decisions. See Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361-63 (Fed. Case: 14-3160 Document: 8 Page: 2 Filed: 10/07/2014 2 PATEL v. USPS Cir. 2009); see also 28 U.S.C. § 1295(a)(9). After the Administrative Judge issued an initial decision in this case, Smita A. Patel filed a timely petition for review with the Board which remains pending. The filing of that petition with the Board rendered the initial decision nonfinal 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 Board, this court currently lacks jurisdiction over this case. This order does not prevent Patel from seeking this court s review by filing a timely petition for review after the Board enters a final decision in her case. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The petition is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26 ISSUED AS A MANDATE: October 7, 2014

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