Jessica Wailani Gibbs v. Department of the Interior ( 2015 )


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  •                            UNITED STATES OF AMERICA
    MERIT SYSTEMS PROTECTION BOARD
    JESSICA WAILANI GIBBS,                          DOCKET NUMBER
    Appellant,                        DC-1221-14-0551-W-1
    v.
    DEPARTMENT OF THE INTERIOR,                     DATE: January 23, 2015
    Agency.
    THIS FINAL ORDER IS NONPRECEDENTIAL *
    Michael Gibbs, Haymarket, Virginia, for the appellant.
    Kerry E. Creighton, Esquire, Washington, D.C., for the agency.
    BEFORE
    Susan Tsui Grundmann, Chairman
    Anne M. Wagner, Vice Chairman
    Mark A. Robbins, Member
    FINAL ORDER
    ¶1         The appellant has filed a petition for review of the July 7, 2014 initial
    decision in this appeal. Initial Appeal File, Tab 19, Initial Decision; Petition for
    Review (PFR) File, Tab 1.       During later settlement discussions, the appellant
    *
    A nonprecedential order is one that the Board has determined does not add
    significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
    but such orders have no precedential value; the Board and administrative judges are not
    required to follow or distinguish them in any future decisions. In contrast, a
    precedential decision issued as an Opinion and Order has been identified by the Board
    as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).
    2
    decided to withdraw the petition for review, and submitted a pleading to that
    effect. PFR File, Tab 6. The agency responds that it has no objection to the
    withdrawal of the petition for review. PFR File, Tab 6.
    ¶2        Finding that withdrawal is appropriate under these circumstances, we
    DISMISS the petition for review as withdrawn with prejudice to refiling. The
    initial decision of the administrative judge is final.     This is the Board’s final
    decision in this matter.    Title 5 of the Code of Federal Regulations, section
    1201.113 (5 C.F.R. § 1201.113).
    NOTICE TO THE APPELLANT REGARDING
    YOUR FURTHER REVIEW RIGHTS
    You have the right to request review of this final decision by the United
    States Court of Appeals for the Federal Circuit.
    The court must receive your request for review no later than 60 calendar
    days after the date of this order. See 5 U.S.C. § 7703(b)(1)(A) (as rev. eff. Dec.
    27, 2012). If you choose to file, be very careful to file on time. The court has
    held that normally it does not have the authority to waive this statutory deadline
    and that filings that do not comply with the deadline must be dismissed. See
    Pinat v. Office of Personnel Management, 
    931 F.2d 1544
    (Fed. Cir. 1991).
    If you want to request review of the Board’s decision concerning your
    claims   of   prohibited   personnel   practices   under   5   U.S.C.   § 2302(b)(8),
    (b)(9)(A)(i), (b)(9)(B), (b)(9)(C), or (b)(9)(D), but you do not want to challenge
    the Board’s disposition of any other claims of prohibited personnel practices, you
    may request review of this final decision by the United States Court of Appeals
    for the Federal Circuit or any court of appeals of competent jurisdiction. The
    court of appeals must receive your petition for review within 60 days after the
    date of this order. See 5 U.S.C. § 7703(b)(1)(B) (as rev. eff. Dec. 27, 2012). If
    you choose to file, be very careful to file on time. You may choose to request
    review of the Board’s decision in the United States Court of Appeals for the
    Federal Circuit or any other court of appeals of competent jurisdiction, but not
    3
    both.    Once you choose to seek review in one court of appeals, you may be
    precluded from seeking review in any other court.
    If you need further information about your right to appeal this decision to
    court, you should refer to the federal law that gives you this right. It is found in
    Title 5 of the United States Code, section 7703 (5 U.S.C. § 7703) (as rev. eff.
    Dec. 27, 2012). You may read this law as well as other sections of the United
    States     Code,    at   our   website,   http://www.mspb.gov/appeals/uscode/htm.
    Additional information about the United States Court of Appeals for the Federal
    Circuit is available at the court's website, www.cafc.uscourts.gov. Of particular
    relevance is the court's "Guide for Pro Se Petitioners and Appellants," which is
    contained within the court's Rules of Practice, and Forms 5, 6, and 11.
    Additional information about other courts of appeals can be found at their
    respective         websites,     which       can       be      accessed       through
    http://www.uscourts.gov/Court_Locator/CourtWebsites.aspx.
    If you are interested in securing pro bono representation for an appeal to the
    United States Court of Appeals for the Federal Circuit, you may visit our website
    at http://www.mspb.gov/probono for a list of attorneys who have expressed
    interest in providing pro bono representation for Merit Systems Protection Board
    appellants before the Federal Circuit. The Merit Systems Protection Board
    neither endorses the services provided by any attorney nor warrants that any
    attorney will accept representation in a given case.
    FOR THE BOARD:                              ______________________________
    William D. Spencer
    Clerk of the Board
    Washington, D.C.
    

Document Info

Filed Date: 1/23/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021