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McLaughlin v. United States Postal Service

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: January 31, 1994.

ANTHONY T. MCLAUGHLIN, PETITIONER,
v.
UNITED STATES POSTAL SERVICE, RESPONDENT.

Schall

Schall

Order

On November 23, 1992, the court granted McLaughlin's motion for a stay of proceedings pending a ruling by the Merit Systems Protection Board on a related matter regarding his entitlement to retirement benefits. Upon consideration of the status reports submitted, it appears that the Board has not yet decided the related matter.

It appears that the better course now is to dismiss McLaughlin's petition for review without prejudice to reinstatement. McLaughlin may reinstate this appeal by notifying this court within 30 days of the Board's decision on the related matter.

Accordingly,

IT IS ORDERED THAT:

(1) The stay of proceedings is lifted.

(2) McLaughlin's petition for review is dismissed without prejudice to reinstatement, within 30 days of the date of the Board's decision on the related matter.

JAN 31 1994

Date

Alvin A. Schall

Circuit Judge

ISSUED AS A MANDATE: JAN 31 1994

19940131

© 1998 VersusLaw Inc.



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