Opinions

Yesterday afternoon the Federal Circuit released two nonprecedential orders, which were dismissals. This morning the Federal Circuit released five nonprecedential orders and two Rule 36 judgments. Two of these orders transfer cases to district courts, while three are dismissals. Here are the introductions to the transfers as well as links to the dismissals and Rule 36 judgments.

Armstrong v. Department of Commerce (Nonprecedential Order)

Joseph Armstrong petitions for review of the Merit Systems Protection Board’s decision affirming his removal and rejecting his affirmative defense of reprisal for equal employment opportunity activity. In response to the court’s show cause order, the Department of Commerce urges transfer to the United States District Court for the District of Columbia. Mr. Armstrong has not responded.

This matter and all case filings are transferred to the to the United States District Court for the District of Columbia pursuant to 28 U.S.C. § 1631.

Muller v. Merit Systems Protection Board (Nonprecedential Order)

Eric T. Muller petitions this court to review the final decision of the Merit Systems Protection Board dismissing his appeal in which he alleged involuntary retirement based, in part, on disability discrimination. In response to this court’s July 24, 2024 show cause order, the Board urges transfer; Mr. Muller confirms he does “not want to waive” his discrimination claim. ECF No. 14 at 4.

This matter and all case filings are transferred to the United States District Court for the District of Oregon pursuant to 28 U.S.C. § 1631.

Dismissals

Rule 36 Judgments