Background
Krista T. Walker petitioned the Federal Circuit for review of a Merit Systems Protection Board matter, MSPB No. DA-114M-24-0485-Y-1. She also moved for leave to proceed in forma pauperis.
Walker failed to file Federal Circuit Form 10, the statement concerning discrimination required by Federal Circuit Rule 15(c).
The Court’s Holding
In a nonprecedential order, the Federal Circuit denied Walker’s motion to proceed in forma pauperis and dismissed her petition for review under Federal Circuit Rule 15(c)(3).
The court did not address the merits of Walker’s underlying MSPB matter. It ordered each party to bear its own costs.
Key Takeaways
- A petitioner seeking Federal Circuit review of an MSPB matter must comply with the discrimination-statement requirement in Federal Circuit Rule 15(c).
- Failure to file Federal Circuit Form 10 can result in dismissal of the petition under Rule 15(c)(3).
- The dismissal was procedural, and the order did not resolve the merits of Walker’s claims.
Why It Matters
The order underscores that procedural filing requirements can determine whether the Federal Circuit will hear an MSPB petition. Practitioners should ensure that Form 10 is timely filed when required, regardless of whether the petitioner also seeks in forma pauperis status.
Because the court designated the order nonprecedential, it does not establish binding precedent, but it illustrates the consequence expressly authorized by Rule 15(c)(3).