Willie L. Williams, Petitioner, v. Merit Systems Protection Board, Respondent, 101 F.3d 714 (Fed. Cir. 1996)
Annotate this Case70 M.S.P.R. 462.
REMANDED.
ON MOTION
PLAGER, Circuit Judge.
ORDER
The Merit Systems Protection Board moves for a remand. Willie L. Williams consents conditionally.* We treat the Board's submission entitled "Respondent's Response to Petitioner's Consent to Motion to Remand Appeal" as a motion for leave to file a reply.
The Board dismissed Williams' appeal as untimely because, inter alia, it was filed six days after the 20-day period for filing an appeal had expired. See 5 C.F.R. § 1201.22(b). The Board now states that it wishes to reconsider its decision in light of this court's holding in Hamilton v. Merit Sys. Protection Bd., 75 F.3d 639 (Fed. Cir. 1996). The Board asks this court to remand the case to the Board.
Accordingly,
IT IS ORDERED THAT:
(1) The Board's motion for remand is granted. The case is remanded to the Board.
(2) The Board's motion for leave to file a reply is granted.
Williams asks that the proceedings in this court be stayed while the Board reconsiders its decision. However, the proceedings in this court terminate upon remand. With respect to the other "conditions" cited by Williams, it appears that those matters are properly resolved by the Board rather than this court
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