No. 21-35

Henry E. Gossage v. Office of Personnel Management

Lower Court: Federal Circuit
Docketed: 2021-07-12
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 5-usc-702 administrative-law agency-decision civil-procedure constitutional-claims due-process employment-law federal-circuit federal-circuit-jurisdiction opm standing
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Federal Circuit has Jurisdiction or "lacks jurisdiction " to determine its original and lower court 's jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision, vacating/overturning OPM 's May 16, 2001, initial decision?

2. Whether the Court entered a default judgment by substituting its 5 C.F.R. § 731 et seq. decision for that of the Agency 's (OPM) December 27, 2004 decision?

3. Whether Due Process is violated, when Petitioner is denied the right to appeal 5 C.F.R. § 300.104, an employment practice?

4. Whether 28 U.S.C. § 1295(a)(9) is a claim-processing rule superior over Petitioner 's 5th Amendment Constitutional claims?

Question Presented (AI Summary)

Whether the Federal Circuit has jurisdiction to determine its original and lower court's jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Waiver of right of respondent Office of Personnel Management to respond filed.
2021-06-21
Motion (20M95) for leave to proceed as a veteran Denied.
2021-06-01
MOTION (20M95) DISTRIBUTED for Conference of 6/17/2021.
2021-04-26
Motion (20M95) for leave to proceed as a veteran filed.
2021-04-26
Petition for a writ of certiorari filed. (Response due August 11, 2021)

Attorneys

Henry E. Gossage
Henry E. Gossage — Petitioner
Office of Personnel Management
Brian H. FletcherActing Solicitor General, Respondent