This morning, the Federal Circuit released two nonprecedential opinions, three nonprecedential orders, and one Rule 36 summary affirmance. Both of the opinions address appeals from judgments of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the dismissals and summary affirmance.

Kency v. Merit Systems Protection Board (Nonprecedential Opinion)

Appellant Erice M. Kency appeals a decision of the Merit Systems Protection Board (Board) affirming the dismissal of Mr. Kency’s appeal as untimely.  Mr. Kency argues that the Board erred in deeming his appeal untimely and, alternatively, erred in failing to apply equitable tolling.  Because Mr. Kency failed to properly raise these arguments before the Board, we affirm

Amason v. United States Postal Service (Nonprecedential Opinion)

Gary R. Amason petitions for review of a Merit Systems Protection Board (“Board”) decision affirming the United States Postal Service’s reduction of his grade and pay. Amason v. U.S. Postal Serv., No. DA-0752-19-0523-I-2, 2021 WL 533568 (M.S.P.B. Feb. 8, 2021) (“Decision”) (J.A. 1–28). We affirm.


Rule 36 Judgment