Henry E. Gossage v. Office of Personnel Management

Given every appellate court has a special obligation to satisfy itself not only of the Federal Circuit jurisdiction but also that of the U.S. District Court Western Washington, and Merit Systems Protection Board in Office of Personnel Managements December 27, 2004, 5 C.F.R. § 731.404 cause under review and the Constitution is the paramount law. The Federal Circuit has jurisdiction to review Petitioner’s Constitutional claims and under 5 U.S.C. §§’s 702, 704, 7701, 7703; 28 U.S.C. § 1295(a)(9); 5 CFR § 300.104, 5 C.F.R. § 731.501, 5 C.F.R. § 1201 et seq., and Federal Rules of Civil Procedure 60. On December 27, 2004, the Office of Personnel Management (OPM) amended, overturned, vacated Karen McCue’s May 16, 2001, initial determination. The Questions presented:

1. Whether the Federal Circuit has Jurisdiction or “lacks jurisdiction” to determine its original and lower court’s jurisdiction in OPM Investigation Case 01-904-277 and OPM’s December 27, 2004 final decision, vacating/overturning OPM’s May 16, 2001, initial decision?

2. Whether the Order and Judgments entered after OPM’s December 27, 2004, is Void for lack of Jurisdiction or a legal nullity?

3. Whether the MSPB Judgment entered on September 27, 2004, is Moot?

4. Whether the Court entered a default judgment by substituting its own decision for that of the Agency’s (OPM) December 27, 2004 decision?