Gary Kean, Petitioner, v. Department of the Army, Respondent, 892 F.2d 1049 (Fed. Cir. 1989)
Annotate this CaseBefore MICHEL, Circuit Judge.
ORDER
MICHEL, Circuit Judge.
Gary Kean moves to stay further proceedings pending disposition of a parallel case in the United States District Court for the Middle District of Pennsylvania. The Department of the Navy has not filed a response.
Kean states that he believes that jurisdiction of the case lies in the district court. However, he filed a protective notice of appeal in this court. Here, he requests a stay until the district court clarifies the jurisdictional issue.
The court disfavors prolonged and indefinite stays. Here, where neither party objects to a stay, the preferred course is for dismissal without prejudice to reinstatement.*
Accordingly,
IT IS ORDERED THAT:
(1) Kean's motion for stay is denied.
(2) The case is dismissed without prejudice to reinstatement.
Also, if the district court determines that it lacks jurisdiction, it may transfer the case to this court
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