UNITED STATES OF AME RICA MERIT SYSTEMS PROTEC TION BOARD

JESSICA WAILANI GIBB S, Appellant,

v.
DEPARTMENT OF THE IN TERIOR, Agency. DOCKET NUMBER DC

- 1221

- 14

- 0551

- W

- 1

DATE: January 23, 2015



### THIS FINAL ORDER IS NONPRECEDENTIAL *

Michael Gibbs , Haymarket, Virginia, for the appellant. Kerry E. Creighton , Esquire, Washington, D.C., for the agency.

BEFORE
Susan Tsui Grundmann, Chairman Anne M. Wagner, Vice Chairman Mark A. Robbins, Member

FINAL ORDER
¶1 The appellant has filed a petition for review of the July 7, 2014 i nitial d ecision in this appeal. Initial Appeal File , Tab 19, Initial Decision; Petition for Review (PFR) File, Tab 1. During later settlement discussions, the appellant

* A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. Parties may cite nonprecedential orders, but such orders have no precedential value; the Board and administrative judges are not require d to follow or distinguish them in any future decisions. In contrast, a precedential decision issued as an Opinion and Order has been identified by the Board as signific antly contributing to the Board’ s case law. See 5 C.F.R. § 1201.117 (c).2

decided to withdraw the petition for review, and submitted a pleading to that effect. PFR File , Tab 6

. The agency responds that it has no objection to the withdrawal of the petition for review. PFR File , Tab 6

. ¶2 Finding that withdrawal is appropriate under these circumstances, we DISMISS the petition for review as withdr awn with prejudice to refiling. The initial decision of the administrative judge is final. This is the Board’s final decision in this matter. Title 5 of the Code of Federal Regulations, section 1201.113 ( 5 C.F.R. § 1201.113 ).

NOTICE TO THE APPELL ANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the United States Court of Appeals for the Federal Circuit. The court must receive your request for review no la ter than 60 calendar days after the date of this order

. See 5 U.S.C. § 7703 (b)(1)(A) (as rev. eff. Dec. 27, 2012). I f you choose to file, be very careful to file on time. The court has held that normally it does not have the authority to waive this statutory deadline and that filings that do not comply with the deadline must be dismissed. See Pinat v. Office of Person nel Management , 931 F.2d 1544 (Fed. Cir. 1991). If you want to request review of the Board’s decision concerning your claims of prohibited personnel practice s under 5 U.S.C. § 2302 (b)(8), (b)(9)(A)(i), (b)(9)(B), (b)(9)(C), or (b)(9)(D), but you do not want to challenge the Board’s disposition of any other claims of prohibited pers onnel practices, you may request review of this final decision by the United S tates Court of Appeals for the Federal Circuit or any court of appeals of competent jurisdiction. The court of appeals must receive your petition for review within 60 days after the date of this order. See 5 U.S.C. § 7703 (b)(1)(B) (as rev. eff. Dec. 27, 2012). If you choose to file, be very careful to file on time. You may choose to request review of the Board’s dec ision in the United States Court of Appeals for the Federal Circuit or any other court of appeals of competent jurisdiction, but not3

both. Once you choose to seek review in one court of appeals, you may be precluded from seeking review in any other court. If you need further information about your right to appeal this decision to court, you should refer to the federal law that gives you this right. It is found in Title 5 of the United States Code, section 7703 ( 5 U.S.C. § 7703 ) (as rev. eff. Dec. 27, 2012). You may read this law as well as other sections of the United States Code, at our website, http://www.mspb.gov/appeals/uscode/htm

. Add itional information about the United States Court of Appeals for the Federal Circuit is available at the court's website, www.cafc.uscourts.gov . Of particular relevance is the court's "Guide for Pro Se Petition ers and Appellants," which is contained within the court's Rules of Practice , and Forms 5, 6, and 11. Additional information about other courts of appeals can be found at their respective websites, which can be accessed through http://www.uscourts.gov/Court_Locator/CourtWebsites.aspx

. If you are interested in securing pro bono representation for an appeal to the United States Court of Appeals for the Federal Circu it, you may visit our website

at http://www.mspb.gov/probono for a list of attorneys who have expressed interest in providing pro bono representation for Merit Systems Protection Board appellants before the Feder al Circuit. The Merit Systems Protection Board neither endorses the services provided by any attorney nor warrants that any attorney will accept representation in a given case.

FOR THE BOARD:

Washington, D.C. ______________________________ William D. Sp encer Clerk of the Board