Fed. Cir.

Adams v. Department of Health and Human Services

March 11, 2026 ·26-1437 ·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 pay the required docketing fee within the permitted time.

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Background

Michael J. Adams filed a petition for review of a decision by the Merit Systems Protection Board. The case required payment of a docketing fee under Federal Circuit rules.

The court’s reasoning

The court found that the petitioner failed to pay the docketing fee required by Federal Circuit Rule fifty-two subsection d within the time permitted by the rules. Consequently, the court ordered the petition dismissed 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 on the merits.

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