Bernabe v. Jardin, Petitioner, v. Merit Systems Protection Board, Respondent, 39 F.3d 1196 (Fed. Cir. 1994)

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U.S. Court of Appeals for the Federal Circuit - 39 F.3d 1196 (Fed. Cir. 1994)

Oct. 7, 1994

Before NEWMAN, PLAGER, and LOURIE, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Mr. Bernabe V. Jardin appeals the decision of the Merit Systems Protection Board, Docket No. SE0831940415-I-1, holding that his appeal is premature because the Office of Personnel Management has not yet issued a final reconsideration decision. The Board takes note that Mr. Jardin has requested such reconsideration. No reason has been shown for the Board to assert jurisdiction pending that decision. Thus the Board correctly dismissed the appeal as premature. We affirm the decision of the Board.