NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-3152
MIGUEL P. PADERES,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
ON MOTION
Before SCHALL, GAJARSA, and LINN, Circuit Judges.
PER CURIAM.
ORDER
The Office of Personnel Management moves (1) to waive the requirements of
Fed. Cir. R. 27(f), and (2) to dismiss, for lack of jurisdiction, Miguel P. Paderes' petition
for review of the decision of the Merit Systems Protection Board in case no. CB-1205-
06-0019-U-1. Paderes has not responded.
Paderes sought an annuity under the Civil Service Retirement System (CSRS).
The Office of Personnel Management denied his application. Paderes appealed to the
Board. In 1994, the Board affirmed the denial of benefits because Paderes was not
covered by CSRS. In 1995, this court affirmed the decision of the Board.
In 2006, Paderes filed with the Board a request for review of an Office of
Personnel Management regulation. The Board did not address the merits of his request
for review of the regulation. Instead, on February 5, 2007, the Board denied the request
for review as barred by res judicata. Paderes petitions this court for review of the
Board’s 2007 decision.
In Delos Santos v. Office of Personnel Management, 289 F.3d 1382 (Fed. Cir.
2002), we held that we do not have jurisdiction over a petition for review of a Board
decision involving a request for review of a regulation if the Board denies review without
addressing the merits of the request. Here, as in Delos Santos, the Board did not
review the merits of the request to review the regulation. Thus, we do not have jurisdiction
over the petition and it must be dismissed.
Accordingly,
IT IS ORDERED THAT:
(1) The motions are granted. The petition is dismissed for lack of jurisdiction.
(2) Each side shall bear its own costs.
FOR THE COURT
June 6, 2007 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Miguel P. Paderes
Michael J. Dierberg, Esq.
s8
ISSUED AS A MANDATE: June 6, 2007
2007-3152 -2-