Background
Joseph H. Williams petitioned the Federal Circuit to review a decision of the Merit Systems Protection Board in proceeding No. AT-0752-21-0567-B-1. The respondent was the Department of Veterans Affairs.
Williams failed to pay the docketing fee required by Federal Circuit Rule 52(d). He also failed to file the Statement Concerning Discrimination required by Federal Circuit Rule 15(c)(3).
The Court’s Holding
The Federal Circuit dismissed Williams’s petition for review for failure to prosecute in accordance with the court’s rules.
The nonprecedential order did not address the merits of Williams’s claims or the underlying Merit Systems Protection Board decision.
Key Takeaways
- A petitioner must timely pay the docketing fee required by Federal Circuit Rule 52(d).
- A petitioner must file the Statement Concerning Discrimination required by Federal Circuit Rule 15(c)(3).
- Failure to satisfy required procedural obligations can result in dismissal for failure to prosecute without consideration of the merits.
Why It Matters
The order underscores that parties seeking Federal Circuit review of Merit Systems Protection Board proceedings must comply with the court’s filing and fee requirements. Missing those requirements may end the appeal before the court reaches any substantive issue.