No. 21-37

Henry E. Gossage v. Office of Personnel Management

Lower Court: Federal Circuit
Docketed: 2021-07-12
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: administrative-law constitutional-claims default-judgment federal-circuit-jurisdiction jurisdictional-challenge merit-systems-protection-board mspb-judgment office-of-personnel-management opm-investigation statutory-review void-judgment
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 OPM 's December 27, 2004 final
decision, vacating/overturning OPM 's May 16, 2001, initial decision?

2. Whether the Order and Judgments entered after OPM 's December 27,
2004, is Void for lack of Jurisdiction or a legal nullity?

3. Whether the MSPB Judgment entered on September 27, 2004, is
Moot?

4. Whether the Court entered a default judgment by substituting its own
decision for that of the Agency 's (OPM) December 27, 2004 decision?

Question Presented (AI Summary)

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 OPM's December 27, 2004 final decision, OPM's May 16, 2001, initial decision?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-18
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 (20M97) for leave to proceed as a veteran Denied.
2021-06-01
MOTION (20M97) DISTRIBUTED for Conference of 6/17/2021.
2021-05-12
Motion (20M97) for leave to proceed as a veteran filed.
2021-05-12
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