Background
Martin Akerman appealed the denial of disability-retirement benefits to the Merit Systems Protection Board. The administrative judge reopened the record for a limited period and later issued an initial decision affirming the agency’s denial.
Before that initial decision became final, Akerman filed documents in the Federal Circuit seeking review. He subsequently petitioned the full Board to review the administrative judge’s initial decision, and that petition remained pending when the Federal Circuit considered his case.
The Court’s Holding
The Federal Circuit held that it lacked jurisdiction under 28 U.S.C. § 1295(a)(9) and 5 U.S.C. § 7703 to review the administrative judge’s rulings because the court’s jurisdiction extends only to a final Board order or decision. Akerman’s timely petition for Board review rendered the administrative judge’s decisions nonfinal.
The court also considered whether Akerman’s submissions could support mandamus relief under 28 U.S.C. § 1651(a). It concluded that he had not demonstrated a clear and indisputable entitlement to relief or shown that the ordinary review process was inadequate. The court therefore denied all pending motions and requested relief and dismissed the matter.
Key Takeaways
- The Federal Circuit generally may review an MSPB matter only after the Board has issued a final order or decision.
- A timely petition for full Board review leaves an administrative judge’s initial decision nonfinal while that petition remains pending.
- Mandamus was unavailable because Akerman failed to establish a clear entitlement to relief or the inadequacy of ordinary appellate review.
Why It Matters
The nonprecedential order underscores that parties ordinarily must complete the MSPB review process before seeking Federal Circuit review. It also confirms that concerns about preserving meaningful later review do not, without the required extraordinary showing, justify mandamus relief while ordinary administrative and judicial review remain available.