Anthony Perry v. Gina M. Raimondo, Secretary of Commerce, et al.
1. Whether, without having been provided an evidentiary hearing nonfrivolous allegation of coercion before the MSPB, a procedure required by law, the D. C. Circuit Court of Appeals ' partial decision affirming the district court 's ruling sustaining that the MSPB properly dismissed Perry 's mixed case for lack of jurisdiction with prejudice is reconcilable with the Supreme Court 's jurisdictional decision and processing guidelines in Peiry v. MSPB, 582 U.S. 420 (2017) and unlawfully causes petitioner to have lost his chance to pursue his ... discrimination claim[s] ."
2. Whether, the district court 's decision to dismiss a nonfrivolous allegation of a discriminatory civil service personnel action for lack of jurisdiction instead of the merits as this Court stated in the Perry (2017) decision is a reversible legal error and violation of appellant 's due process rights that create aon a on structural error and structural barrier against a federal employee s right to bring a mixed case appeal to the district court for a prescribed trial de and de novo review.
3. Whether 5 U.S.C. 7702 and 7703 by its plain text language appropriates a deferential arbitrary and capricious standard of judicial review to a nonfrivolous allegation of an agency adverse discriminatory civil service personnel action when an evidentiary hearing required by law was denied at the MSPB and the Circuit Court fails to order such hearing in the District Court or whether under any circumstances when, as this Court has decided, the jurisdiction and the merits of a constructive personnel action inextricably intertwined.novo are
Whether the D.C. Circuit Court's dismissal of a mixed case appeal without an evidentiary hearing violates due process and prevents judicial review of a federal employee's discrimination claims