June 1, 2026·26-1435·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 was ordered because the petitioner failed to file the required brief within the time permitted by court rules.
Background
James Kelley filed a petition for review of a decision by the Merit Systems Protection Board in case number DC-0752-19-0340-B-1.
The court’s reasoning
The court found that the petitioner failed to file the brief required by Federal Circuit Rule thirty-one subsection d within the time permitted by the rules.
Petitioner having failed to file the brief required by Federal Circuit Rule 31(d) within the time permitted by the rules
What it means going forward
The dismissal prevents further judicial review of the Merit Systems Protection Board decision in this matter.
