This morning, the Federal Circuit released a nonprecedential opinion in a pro se case appealed from the Merit Systems Protection Board. The court also released four nonprecedential orders: one summarily affirming a judgment of the Merit Systems Protection Board, one summarily affirming a judgment of the Court of Federal Claims, one transferring a veteran’s case to the Western District of Texas, and one dismissing an appeal. Here are the introductions to the opinion and orders and a link to the dismissal.
Gelb v. Department of Veterans Affairs (Nonprecedential)
Susan L. Gelb appeals the final decision of the Merit Systems Protection Board denying her request for corrective action under the Whistleblower Protection Act (WPA). Specifically, Ms. Gelb challenges the Administrative Judge’s decision finding that Ms. Gelb had not established good cause for her absence at the scheduled hearing and thus waived her right to a hearing. We hold that the administrative judge (AJ) abused his discretion in denying Ms. Gelb a hearing because, although she was absent, her representative was present at the hearing. However, because Ms. Gelb has not met her burden of showing harmful error, we affirm the Board’s final decision.
Adams v. Merit Systems Protection Board (Nonprecedential Order)
Having considered the parties’ responses to this court’s January 30, 2023, show cause order, we summarily affirm.
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Accordingly,
IT IS ORDERED THAT:
(1) The decisions of the Board are summarily affirmed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
Lomax v. United States (Nonprecedential Order)
Mattie T. Lomax appeals from the judgment of the United States Court of Federal Claims dismissing her complaint for lack of jurisdiction. Before the court are Ms. Lomax’s opposed motion for entry of default judgment and the government’s opposed motion for summary affirmance. We grant the government’s motion and affirm.
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IT IS ORDERED THAT:
(1) The motion for summary affirmance is granted. The Court of Federal Claims’ judgment is summarily affirmed.
(2) The motion for default judgment is denied.
(3) Each side shall bear its own costs.
Casillas v. Department of Veterans Affairs (Nonprecedential Order)
Victor M. Casillas appealed his removal from the Department of Veterans Affairs to the Merit Systems Protection Board, alleging discrimination on the basis of his age. The Board affirmed the removal, and Mr. Casillas petitioned this court for review and states that he wishes to pursue his age discrimination claim.
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IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States District Court for the Western District of Texas.