Case Explained: 26-1727: PERDUE v. DVA [ORDER], Nonprecedential

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-02

The federal-circuit dismissed the petition for review of a Merit Systems Protection Board decision because the petitioner failed to pay the required docketing fee under Federal Circuit Rule 52(d) and failed to file the mandatory Statement Concerning Discrimination pursuant to Federal Circuit Rule 15(c)(3). The court determined this failure constituted a failure to prosecute in accordance with the rules. As a result, the appeal is terminated without consideration of the merits, leaving the Merit Systems Protection Board’s original decision in effect.

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