Henry E. Gossage v. Merit Systems Protection Board

Whether the 60-day filing deadline is subject to equitable tolling beyond the control of the Petitioner or under “Unique or Personal Circumstances” is warranted for “Want of Service” or OPM’s misconduct in OPM Investigation Case 01-904-277?

Whether Congress intended the “60 day filing period” as Jurisdictional and "Notwithstanding any other provision of law" (5 U.S.C. § 7703(b)(1)(A)) is a claim processing rule subject to the equitable doctrine of tolling?

Whether 5 C.F.R. § 1201.3 Subject matter jurisdiction overrules the “60 day fifing period deadline” on the Merits, 5 U.S.C. § 7703(b)(1)(A)?

Whether OPM’s December 27, 2004, Final Decision in OPM Investigation Case 01-904-277 removed Federal Jurisdiction in SE-0731-01-0261-M-1, F. Circuit 2005-3155, and SE-0731-01-0261-I-2?

Whether Due Process is violated, when Petitioner is denied the right to appeal or challenge the Courts jurisdiction on unavailable exculpatory and undisclosed new and material evidence, removing the Lower Court’s Jurisdiction? Given every appellate court has a special obligation to satisfy itself not only of its jurisdiction but also that of the lower courts in a cause under review and the Constitution is the paramount law. The Federal Circuit has jurisdiction to review all aspects of 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. The Federal Circuit HELD, "Notwithstanding any other provision of law" under “5 U.S.C. § 7703(b)(1)(A) is not applicable and “60 day filing period is jurisdictional and not subject to equitable tolling”.