June 25, 2026·26-1482·Panel Decision·By Maria Santos
The United States Court of Appeals for the Federal Circuit dismissed a petition for review of the Merit Systems Protection Board. The dismissal occurred because the petitioner failed to file a required Statement Concerning Discrimination.
The petitioner sought review of a decision from the Merit Systems Protection Board. The court noted that the petitioner failed to file the required Statement Concerning Discrimination pursuant to Federal Circuit Rule fifteen comma three.
The court’s reasoning
The court ordered the petition dismissed because the petitioner failed to file the required Statement Concerning Discrimination pursuant to Federal Circuit Rule fifteen comma three. The dismissal was for failure to prosecute in accordance with the rules.
What it means going forward
The dismissal prevents the Federal Circuit from reviewing the underlying Merit Systems Protection Board decision.
