No. 24-5914

Anthony Perry v. Gina M. Raimondo, Secretary of Commerce, et al.

Lower Court: District of Columbia
Docketed: 2024-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-service discrimination-claim due-process jurisdictional-review mixed-case-appeal
Latest Conference: 2024-12-06
Question Presented (from Petition)

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

Question Presented (AI Summary)

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

Docket Entries

2025-03-13
Case considered closed.
2024-12-09
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 30, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-15
Waiver of right of respondent Raimondo, Sec. of Commerce, et al. to respond filed.
2024-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2024)

Attorneys

Anthony Perry
Anthony W. Perry — Petitioner
Raimondo, Sec. of Commerce, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent