Robert M. Miller v. Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation, et al.

Petitioner prevailed in an adverse action appeal when MSPB ordered respondent to cancel his indefinite suspension. When respondent petitioned for review to the Board, Petitioner became entitled to interim relief pending the outcome of the Board’s final order. 5 U.S.C. § 7701(b)(2). But MSPB never ordered respondent to provide interim relief, and respondent refused to provide it. Petitioner moved for interim relief, which the district court denied using the standards for a preliminary injunction. The questions presented are:

1. Does the district court in a mixed case review a motion for interim relief under the standards for a preliminary injunction, under 5 U.S.C. § 7703(c), or under the court’s equitable powers?

2. Did Petitioner need to plead a specific claim for interim relief, or is that a subsidiary decision included in the review of the civil service claims?

3. Did the lower courts abuse their discretion by failing to construe the pleadings and papers of a pro se litigant liberally, and did they display favoritism toward federal defendants and antagonism toward a pro se litigant as to make fair judgment impossible?

4. Did the lower courts err in failing to order respondent to provide all monetary and non­ monetary benefits Petitioner would have received but for the unlawful withholding of interim relief.