Laura O. Sledge, Petitioner, v. Department of Justice, Respondent, 873 F.2d 1451 (Fed. Cir. 1989)
Annotate this CaseBefore MARKEY, Chief Judge, and FRIEDMAN and ARCHER, Circuit Judges.
PER CURIAM.
DECISION
The decision of the Merit Systems Protection Board (board), No. DA07528810254, denying Laura O. Sledge's (Sledge's) petition for review of the May 25, 1988 initial decision dismissing her appeal without prejudice, is affirmed.
OPINION
The issue on appeal is whether the board abused its discretion in dismissing Sledge's appeal without prejudice. It is manifest that no abuse occurred. The administrative judge correctly stated that he may not stay an appeal for an indefinite period, cf. Johnson v. Department of the Treasury, 721 F.2d 361, 363-64 (Fed. Cir. 1983), yet preserved Sledge's opportunity to participate in her appeal by dismissing without prejudice.
Sledge's arguments concerning the possible consequence of failing to comply with the board's final order pending judicial review are not properly before us.
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