Background
Shamar Bradley petitioned the Federal Circuit to review a Merit Systems Protection Board proceeding docketed as DC-3443-24-0771-I-1.
Bradley did not pay the docketing fee required by Federal Circuit Rule 52(d). Bradley also failed to file the Statement Concerning Discrimination required by Federal Circuit Rule 15(c)(3) and the required Notice of Unrepresented Person Appearance form.
The Court’s Holding
The Federal Circuit dismissed Bradley’s petition for review for failure to prosecute in accordance with the court’s rules.
The nonprecedential order did not address the merits of Bradley’s underlying claims or the MSPB proceeding. It rested solely on Bradley’s failure to satisfy the court’s filing and fee requirements.
Key Takeaways
- A petitioner seeking Federal Circuit review must timely pay the required docketing fee.
- An unrepresented petitioner must file the court’s required appearance form.
- Failure to submit required procedural documents, including the Statement Concerning Discrimination, can result in dismissal for failure to prosecute.
Why It Matters
The order underscores that procedural noncompliance can end an MSPB appeal before the Federal Circuit reaches its merits. Petitioners, particularly those proceeding without counsel, must complete all required filings and pay applicable fees to keep a petition active.