This morning, the Federal Circuit released two nonprecedential opinions and four nonprecedential orders. Both opinions address jurisdictional issues. One order transfers a case to an Illinois district court, one order dismisses a case, and two are Rule 36 judgments. Here are the introductions to the opinions, text from the order transferring a case, and links to the Rule 36 judgments and dismissal.
Greene v. United States (Nonprecedential Opinion)
Cedric Greene appeals a decision from the United States Court of Federal Claims dismissing for lack of subject matter jurisdiction his claims to reinstate his social security benefits and for backpay. We affirm.
Garcia v. McDonough (Nonprecedential Opinion)
Arthur Garcia, a veteran of the U.S. Air Force, proceeding pro se, appeals from a decision issued of the United States Court of Appeals for Veterans Claims (“Veterans Court”). The Veterans Court affirmed a decision of the Board of Veterans’ Appeals (“Board”) denying entitlement to an initial disability rating greater than 10% for (1) limitation of extension of the right hip, and (2) degenerative arthritis of the right hip. The Veterans Court also declined to address Mr. Garcia’s clear and unmistakable error (“CUE”) claim, holding that CUE claims must be first raised at the Department of Veterans Affairs Regional Office (“RO”). Because we lack jurisdiction over Mr. Garcia’s appeal, we dismiss.
Mourning v. Department of Defense (Nonprecedential Order)
Pearlette Saracein Mourning filed an appeal with the Merit Systems Protection Board to challenge her removal, alleging racial discrimination and retaliation as affirmative defenses. The administrative judge affirmed. Ms. Mourning then petitioned this court for review.
Although DOD requests dismissal, we deem it appropriate to reinstate and to transfer the case, pursuant to 28 U.S.C. § 1631, to the United States District Court for the Southern District of Illinois, where Ms. Mourning resides and where the employment action occurred.
Accordingly, IT IS ORDERED THAT:
(1) The court’s mandate is recalled, the March 17, 2023, dismissal order is vacated, and the petition is reinstated.
(2) DOD’s motion, ECF No. 11, is denied.
(3) This case and all filings are transferred to the United States District Court for the Southern District of Illinois pursuant to 28 U.S.C. § 1631.