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Darin Jones v. Department of Justice, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5234 · judgment March 1, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
5 U.S.C. § 7702(e)(1)(B) states that an employee may file a civil action in district court 120 days after filing an appeal with the Merit Systems Protection Board (MSPB or Board) with no judicially reviewable action that involves a claim under federal anti-discrimination laws. In Perry v. Merit Systems Protection Board, 137 S. Ct. 1975 (2017), this Court held that judicial review of MSPB “mixed cases” that involves a claim under federal anti-discrimination laws and are dismissed by the Board for lack of jurisdiction is in district court. Prior to Perry, judicial review of the jurisdictional claim and discrimination claim(s) of “mixed cases” were bifurcated between the U.S. Court of Appeals for the Federal Circuit and in district court, respectively. The questions presented are as follows:
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Whether the 120 day time bar of 5 U.S.C. § 7702(e)(1)(B) is nonjurisdictional.
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After Perry, whether the district court can consider a Fed. R. Civ. P. 60(b) motion for relief from judgment on the jurisdictional claim of a MSPB “mixed case” that was ruled on by the Federal Circuit.
Counsel of record
For petitioner
Darin A. Jones
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 09 2019Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Nov 20 2019DISTRIBUTED for Conference of 12/6/2019.
- Nov 08 2019Waiver of right of respondent Dept. of Justice, et al. to respond filed.
- Oct 03 2019Petition for a writ of certiorari filed. (Response due November 8, 2019)