`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`CYRIL D. ORAM, JR.,
`Petitioner
`
`v.
`
`MERIT SYSTEMS PROTECTION BOARD,
`Respondent
`______________________
`
`2022-1736
`______________________
`
`Petition for review of the Merit Systems Protection
`Board in No. DC-4324-21-0450-I-1.
`______________________
`
`Before LOURIE, CHEN, and STARK, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`In response to the court’s June 27, 2022 order to show
`cause, the Merit Systems Protection Board urges dismissal
`of Cyril D. Oram, Jr.’s petition for review as premature.
`Mr. Oram has not filed a response.
`Mr. Oram filed an appeal at the Board from a decision
`of the Department of the Air Force withdrawing a job offer.
`At Mr. Oram’s request, the administrative judge on Janu-
`ary 19, 2022 issued an order dismissing the appeal without
`prejudice to refiling by April 20, 2022. On April 20, 2022,
`
`
`
`
`
`
`
`Case: 22-1736 Document: 15 Page: 2 Filed: 08/29/2022
`
`2
`
`
`
`ORAM v. MSPB
`
`Mr. Oram refiled his appeal. On April 23, 2022, this court
`received Mr. Oram’s petition to review the January 19,
`2022 order. Since the docketing of this petition, the admin-
`istrative judge has granted Mr. Oram’s second request to
`dismiss without prejudice, subject to automatic refiling “on
`or about October 10, 2022.” ECF No. 14, Appx 17–18.
`This court’s review of Board decisions is limited to final
`orders or final decisions. See 28 U.S.C. § 1295(a)(9); see
`also Weed v. Soc. Sec. Admin., 571 F.3d 1359, 1361 (Fed.
`Cir. 2009). Board dismissals without prejudice are not fi-
`nal for purposes of judicial review in cases such as this
`where the petitioner requests the dismissal and the Board
`leaves the option of refiling. See Strausbaugh v. Merit Sys.
`Prot. Bd., 401 F. App’x 524, 526 (Fed. Cir. 2010). We there-
`fore dismiss for lack of jurisdiction. Mr. Oram may petition
`this court for review after issuance of a final decision.
`
`Accordingly,
`
`IT IS ORDERED THAT:
`
`(1) The petition for review is dismissed.
`
`(2) Each side shall bear its own costs.
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`August 29, 2022
` Date
`
`
`
`
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