No. 24-187

Erice Maurice Kency v. Merit Systems Protection Board

Lower Court: Federal Circuit
Docketed: 2024-08-21
Status: Denied
Type: Paid
Response Waived
Tags: administrative-appeal merit-systems-protection-board procedural-deadline statutory-interpretation time-limitation veterans-employment-rights
Latest Conference: 2024-10-11
Question Presented (from Petition)

1. The question presented is whether Congress intended for VEOA, 5 U.S.C. 3330a(d)(l)(B) "except that in no event, may any such appeal be brought — later than 15 days after the date on which the complainant receives written notification " to mean that the time period is not mandatory and veterans are authorized a procedural right to file an appeal after 15 days with the MSPB after receiving written decision from the Secretary of Labor.

Question Presented (AI Summary)

Whether the 15-day appeal period under VEOA is mandatory or allows procedural flexibility for veterans to file appeals with the MSPB after the specified timeframe

Docket Entries

2024-10-15
Petition DENIED.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-19
Waiver of right of respondent Merit Systems Protection Board to respond filed.
2024-06-24
Petition for a writ of certiorari filed. (Response due September 20, 2024)

Attorneys

Erice Kency
Erice Maurice Kency — Petitioner
Merit Systems Protection Board
Elizabeth B. PrelogarSolicitor General, Respondent