No. 23-811

Barry Ahuruonye v. Department of the Interior

Lower Court: District of Columbia
Docketed: 2024-01-26
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law article-iii civil-procedure collateral-estoppel due-process issue-preclusion merit-systems-protection-board mootness standing wage-increase
Latest Conference: 2024-03-15
Question Presented (from Petition)

(1) Whether the principles of collateral estoppel/Issue preclusion applies when Merit Systems Protection Board (MSPB) a quasi-judicial federal administrative agency that was established by the Civil Service Reform Act of 1978 (CSRA) has resolved an issue like wage increase and performance issues

(2) Whether the court is permitted under Article III of the constitution moot issues to adjudicate and affirm Interior relitigating of moot FY 2013 performance and Wage Increase issues reversed by Merit Systems Protection Board (MSPB) on 2/28/14 and granted by Department of Interior on 3/10/14 with no relief to be granted by district court.

(3) Whether the court is permitted under Article III of the constitution moot issues to adjudicate and affirm Interior relitigating of moot FY 2014 performance and Wage Increase issues reversed by Merit Systems Protection Board (MSPB) on 12/29/14 and granted by Department of Interior on 1/20/15

(4) Whether under doctrine of issue preclusion (also known as collateral estoppel) prohibits and bars Department of Interior relitigating of their 10/17/13 Employee Performance Appraisal Plan (EPAP) already litigated as the basis of 5/1/14 Summary Rating of "Minimally Successful" and reversed by MSPB on 12/29/14

(5) Whether under Article III of the constitution if A federal court is permitted to adjudicate moot issues when it cannot give the petitioner any effective relief.

(6) Whether it's a contravention of issue preclusion (also known as collateral estoppel) And Article III of the Constitution for the District court to adjudicate on merit Interior relitigating of a moot 2014 WIGI Denial and DC circuit affirmed: Therefore, because the plaintiff has failed to overcome the Department's well-documented basis for denying his WIGI, the Court concludes that the Department is entitled to summary judgment on the plaintiff's claim that he was denied a 2014 WIGI. App. 137

(7) Whether the district court have jurisdiction under Article III of the constitution and 5 U.S.C. § 7703(b)(l)(A)(2) C To adjudicate Department of Interior relitigating of their moot FY 2013 and FY 2014, performance and wage increase defeat of 12/29/14 at MSPB and granting Interior summary judgment for a nonexistent "FY 2014 wage increase denial step#3": When Merit Systems Protection Board (MSPB) specifically Informed Department of Interior that its Order of 12/29/14 reversing FY 2014 Performance determination and Wage increase step #3 is final: "Dear Mr. Hildreth: This is in response to your request for reconsideration of the Board order dated 12/29/14. The order directed the agency to retroactively grant the appellant relief. The Board's regulations do not provide for your request for reconsideration of the Board's decision. Therefore, no further right to review this appeal by the Board. App. 119. See 5 C.F.R. § 1201.113(c).

(8) Whether the US Department of Interior relitigating of FY 2013 Wage increase denial reversed by MSPB on 2/28/14 and granted by Interior on 3/10/14 and for F

Question Presented (AI Summary)

Whether the principles of collateral estoppel/issue-preclusion applies when Merit-Systems-Protection-Board-has-resolved-an-issue

Docket Entries

2024-03-18
Petition DENIED.
2024-02-28
DISTRIBUTED for Conference of 3/15/2024.
2024-02-22
Waiver of right of respondent Dept. of Interior to respond filed.
2024-01-24
Petition for a writ of certiorari filed. (Response due February 26, 2024)

Attorneys

Barry Ahuruonye
Barry Ahuruonye — Petitioner
Dept. of Interior
Elizabeth B. PrelogarSolicitor General, Respondent