Hanson v. MSPB

Case: 14-3095 Document: 25 Page: 1 Filed: 08/25/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ DAWN HANSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3095 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0752-14-0082-I-1. ______________________ ON MOTION ______________________ Before O’MALLEY, WALLACH, and HUGHES, Circuit Judges. O’MALLEY, Circuit Judge. ORDER The Merit Systems Protection Board (“Board”) moves without opposition to remand this case for a jurisdictional hearing. In its decision, the Board dismissed Dawn Hanson’s appeal for lack of jurisdiction, finding that Hanson failed to make non-frivolous allegations that her resignation was Case: 14-3095 Document: 25 Page: 2 Filed: 08/25/2014 2 HANSON v. MSPB involuntary. On appeal, the Board concedes that Hanson made the required non-frivolous allegations, and that she is entitled to a jurisdictional hearing before the Board. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. This case is remanded for further proceedings consistent with this order. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s30 ISSUED AS A MANDATE: August 25, 2014