This morning, the Federal Circuit released three nonprecedential orders. In the first order, the court granted a motion for summary affirmance in a case appealed from the Court of Federal Claims. In the second order, the Federal Circuit granted a motion for remand in a case appealed from the Merit Systems Protection Board. Finally, the third order dismissed an appeal. Here is text from the first two orders and a link to the dismissal.
Hills v. United States (Nonprecedential Order)
Following Robert Lewis Hills’ submission of his opening brief, the United States moves for summary affirmance. . . . As found by the Court of Federal Claims and not disputed in Mr. Hills’ opening brief, the complaint does not assert any claims against the United States (or a federal entity or officer). Thus, the Court of Federal Claims was clearly correct in holding that it lacked jurisdiction.
Accordingly, IT IS ORDERED THAT:
(1) The motion is granted. The Court of Federal Claims’ judgment is summarily affirmed.
(2) Each side shall bear its own costs.
Jindal v. Merit Systems Protection Board (Nonprecedential Order)
The Merit Systems Protection Board moves with the consent of Rahul Jindal for a remand, noting that the administrative judge’s dismissal for lack of jurisdiction was improperly based on consideration of documents submitted only by the agency in violation of Hessami v. Merit Sys. Prot. Bd., 979 F.3d 1362 (Fed. Cir. 2020).
Upon consideration thereof, IT IS ORDERED THAT:
(1) The motion is granted. The Board’s decision is vacated, and the case is remanded to the Board to reconsider its decision consistent with the motion and this order.
(2) Each side shall bear its own costs.