Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one nonprecedential opinion and three Rule 36 judgments. The opinion comes in a pro se appeal of a decision of the Merit Systems Protection Board. Here is the introduction to the opinion and links to the judgments and dismissal.
Farquhar v. Merit Systems Protection Board (Nonprecedential)
Irinia Farquhar served as an Operations Research Analyst with the Department of Army (Department) until the Department removed her from service in 2017. Ms. Farquhar sought relief from the Merit Systems Protection Board (Board), alleging that the Department wrongfully removed her because she made whistleblower disclosures protected under 5 U.S.C. § 2302. After a hearing, the Board-assigned administrative judge (AJ), treating the appeal as an individual-right-of-action (IRA) appeal, ruled that Ms. Farquhar had not established a prima facie case of reprisal, but the Board remanded the matter on procedural grounds, and on remand a second appeal—an appeal of a performance-based removal—was added to the first. The AJ ultimately dismissed both cases for failure to prosecute. S. Appx. 11–20.
Ms. Farquhar petitioned the Board for review, and the Board joined the two cases and issued a decision affirming the dismissals. Farquhar v. Department of the Army, Nos. DC-1221-17-0296-B-1, DC-0432-23-0635-I-1, 2025 WL 458234, at *1 n.2, 2 (M.S.P.B. Feb. 10, 2025) (Final Decision). Ms. Farquhar then petitioned this court for review, but her petition was not received within the sixty-day statutory filing period. ECF No. 1. We now dismiss Ms. Farquhar’s petition as untimely.
Rule 36 Judgments
- Almondnet, Inc. v. Meta Platforms, Inc.
- Cisco Systems, Inc. v. Ramot at Tel Aviv University Ltd.
- Walmart Apollo, LLC v. BJ’s Wholesale Club Holdings, Inc.