Farley v. Merit Systems Protection Board

 
DOCKET NO.
OP. BELOW
SUBJECT
Pro Se

Question(s) Presented

1. “Whether attorney withdrawal that violates modern ethical standards—specifically the duties articulated in ABA Formal Opinion 516—can constitute an ‘extraordinary circumstance’ warranting equitable tolling under Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), and Holland v. Florida, 560 U.S. 631 (2010).” 2. “Whether the Federal Circuit erred by affirming the MSPB’s refusal to apply equitable tolling based on a factual premise contradicted by the record, where the petitioner worked continuously and diligently after counsel’s last-minute withdrawal.” 3. “Whether the longstanding rule that ‘clients are responsible for their attorneys’ errors’ should apply when the attorney’s withdrawal is professionally improper under contemporary ethical standards and occurs at the eve of a jurisdictional deadline.”

Posts About this Case

Date
Proceedings and Orders
July 2, 2026
DISTRIBUTED for Conference of 9/28/2026.
October 5, 2026
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 26, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
October 23, 2026
Petitioner complied with order of October 5, 2026.
October 29, 2026
DISTRIBUTED for Conference of 11/13/2026.