June 16, 2026·26-1770·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 and file the mandatory discrimination statement.
Robert Secrest filed a petition for review of a decision by the Merit Systems Protection Board in case number SF-0752-24-0013-I-1.
The court’s reasoning
The court found that the petitioner failed to comply with two specific Federal Circuit rules. First, the petitioner did not pay the docketing fee required by Federal Circuit Rule fifty-two subsection d. Second, the petitioner did not file the required Statement Concerning Discrimination pursuant to Federal Circuit Rule fifteen subsection c three.
it is ORDERED that the petition for review be, and the same hereby is, 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 due to procedural noncompliance.
