Case: 12-3206 Document: 27 Page: 1 Filed: 10/30/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GRETA D. CRAWFORD,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2012-3206
______________________
Petition for review of the Merit Systems Protection
Board in No. DE315H110384-I-1.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Greta D. Crawford moves for her petition for review to
be transferred to the district court in light of Kloeckner v.
Solis, 133 S. Ct. 596 (2012). The Merit System Protection
Board responds. Crawford replies.
This case is unlike Kloeckner because Crawford’s
appeal was dismissed by the Board for lack of jurisdiction.
Case: 12-3206 Document: 27 Page: 2 Filed: 10/30/2013
2 GRETA CRAWFORD v. MSPB
This court has explained that it maintains jurisdiction “to
review a Board determination that an employee’s case is
not appealable to the Board, regardless of whether the
employee sought to raise claims of agency discrimination.”
Conforto v. Merit Sys. Prot. Bd, 713 F.3d 1111, 1118 (Fed.
Cir. 2013). Thus, jurisdiction lies with this court.
Crawford also again requests that she be permitted to
submit a non-conforming informal brief.
Upon consideration thereof,
IT IS ORDERED THAT:
1) The motion to transfer is denied.
2) The motion to file a nonconforming brief is denied.
Crawford must submit a corrected brief prepared on
Federal Circuit Form 11 (form enclosed) within 28 days of
the date of this order. The Board should calculate its due
date from the date of filing of the petitioner’s brief when it
is filed on the required form. If Crawford does not file a
corrected brief by that date, her petition will be dismissed.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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