UNITED STATES OF AME RICA MERIT SYSTEMS PROTEC TION BOARD

KENDALL THOMAS, Appellant,

v.
DEPARTMENT OF VETERA NS AFFAIRS, Agency. DOCKET NUMBER AT

- 0752

- 14

- 0861

- I

- 1

DATE: June 17, 2015



### THIS FINAL ORDER IS NONPRECEDENTIAL *
Bradley R. Marshall , Charleston, S outh Carolina, for the appellant.
Johnston B. Walker , Jackson, Mississippi, for the agency.

BEFORE
Susan Tsui Grundmann, Chairman Mark A. Robbins, Member

FINAL ORDER
¶1 The appellant has filed a petition for review of the October 9, 2014 I nitial
D ecision tha t dismissed this appeal for lack of jurisdiction

. Initial Appeal File,
Tab 11 ; Petition for Review (PFR) File, Tab 1. In a later submission, the

* A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. Parties may cite nonprecedential orders, but such orders have no precedential valu e; the Board and administrative judges are not required to follow or distinguish them in any future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

appellant decided to withdraw the petition for review with prejudice to refiling

. P FR File , Tab s 4, 6. The agency states that it has no objection to the withdrawal of the petition for review. Id

. ¶2 Finding that withdrawal is appropriate under these circumstances, we DISMISS the petition for review as withdrawn with prejudice to refiling.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 further review of this final decision.

Discrimination Claims: Administrative Review You may request review of this final decis ion on your discrimination claims by the Equal Employment Opportunity Commission (EEOC). See Title 5 of the United States Code, section 7702(b)(1) ( 5 U.S.C. § 7702 (b)(1)). If you submit your request by regular U.S. mail, the address of the EEOC is: Office of Federal Operations Equal Employment Opportunity Commission P.O. Box 77960 Washington, D.C. 20013 If you submit your request via commercial delivery or by a method requiring a signature, it must be addressed to: Office of Federal Operations Equal Employment Opportunity Commission 131 M Street, NE

Suite 5SW12G Washington, D.C. 20507 You should send your request to EEOC no later than 30 calendar days after your receipt of this order. If you ha ve a representative in this case, and your representative receives this order before you do, then you must file with EEOC no3

later than 30 calendar days after receipt by your representative. If you choose to file, be very careful to file on time.

Discrimi nation and Other Claims: Judicial Action If you do not request EEOC to review this final decision on your discrimination claims, you may file a civil action against the agency on both your discrimination claims and your other claims in an appropriate Unit ed States
district court. See 5 U.S.C. § 7703 (b)(2). You must file your civil action with the district court no later than 30 calendar days after your receipt of this order. If you have a re presentative in this case, and your representative receives this order before you do, then you must file with the district court no later than 30 calendar days after receipt by your representative. If you choose to file, be very careful to
file on time. If the action involves a claim of discrimination based on race, color, religion, sex, national origin, or a disabling condition, you may be entitled to representation by a court

- appointed lawyer and to waiver of any requirement of prepayment of fees, costs , or other security. See 42 U.S.C. § 2000e

- 5 (f) and
29 U.S.C. § 794a

.

FOR THE BOARD:

Washington, D.C. _____________________ _________ William D. Spencer Clerk of the Board