This morning the Federal Circuit released three nonprecedential opinions, three nonprecedential orders, and two Rule 36 summary affirmances. The nonprecedential opinions come in two cases on appeal from the Merit Systems Protection Board and in a pro se case on appeal from the Court of Federal Claims. All three nonprecedential orders dismiss appeals. Here are the introductions to the opinions and links to the summary affirmances and dismissals.
Abresch v. Merit Systems Protection Board (Nonprecedential)
Richard J. Abresch seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his whistleblower individual right of action (“IRA”) appeal (1) as barred by laches to the extent he sought to challenge a 2013 reassignment and (2) for lack of jurisdiction over his challenges to personnel decisions taken in 2018–2021, on the ground that he failed to make a nonfrivolous allegation that his whistleblowing disclosures were a contributing factor to the personnel decisions. Abresch v. Dep’t of the Navy, No. DC-1221-21-0639-W-1 (M.S.P.B. Apr. 15, 2024) We have jurisdiction over his timely appeal to this court under 28 U.S.C. § 1295(a)(9), and, for the reasons stated below, we affirm the Board’s final decision.
Nance v. Office of Personnel Management (Nonprecedential)
In 2016, LeQuita T. Nance’s federal employment came to an end, and she was approved to receive disability-retirement benefits under the Federal Employees’ Retirement System (FERS). In 2021, the U.S. Office of Personnel Management (OPM) ruled that Ms. Nance had been overpaid in FERS disability benefits from April 1, 2016, through April 30, 2019, due to her simultaneous receipt of a Social Security Administration (SSA) Disability Insurance Benefit. The Merit Systems Protection Board (Board) affirmed OPM’s decision. Nance v. Office of Personnel Management, No. AT-0845-22-0136-I-1, 2024 WL 1091561, at *1 (M.S.P.B. Mar. 12, 2024) (2024 Decision), adopting, as the Board’s decision, Nance v. Office of Personnel Management, No. AT-0845-22-0136-I-1, 2022 WL 2390886 (M.S.P.B. June 30, 2022) (2022 Decision). On Ms. Nance’s appeal to us, we affirm.
Stephens v. United States (Nonprecedential)
Danielle Stephens appeals the decision of the Court of Federal Claims dismissing her complaint without prejudice for failure to prosecute pursuant to Rule 41(b) of the Rules of the United States Court of Federal Claims. Because the Court of Federal Claims did not abuse its discretion in dismissing Ms. Stephens’ complaint, we affirm.