Elizabeth Oyer appealed her removal from federal service to the Merit Systems Protection Board. An administrative judge dismissed her appeal without prejudice, subject to automatic reinstatement, to allow for the resolution of two other appeals pending before the full Board on related issues. Oyer then petitioned the Federal Circuit for review. In response to a show cause order from the court, Oyer urged the court to exercise jurisdiction and grant relief under Federal Rule of Appellate Procedure 18, while the Board opposed the motion, arguing the appeal was premature.
The court's jurisdiction with respect to appeals from the Merit Systems Protection Board is strictly limited to an appeal from a final order or final decision. Under established precedent, an order is final only when it ends the litigation on the merits. The administrative judge's order did not resolve the merits of Oyer's appeal; rather, it effectively stayed the proceedings. The court noted that a stay of proceedings is not ordinarily a final decision. Even if the court were to construe the petition as a request for a writ of mandamus under 28 U.S.C. § 1651, it could not find that the stay was so extensive that it was 'immoderate or indefinite' or otherwise a clear abuse of discretion. The court clarified that the Board's own characterization of its order does not govern the court's jurisdiction under the jurisdictional statutes.
The appeal is dismissed without prejudice. Oyer must await a final decision from the Merit Systems Protection Board before seeking review in the Federal Circuit. The dismissal allows the underlying administrative process to continue without judicial interference until a final ruling on the merits is issued.
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