Gossage v. Merit Systems Protection Board

Pro Se

Question(s) Presented

1. “Whether the 60-day filing deadline is subject to equitable tolling beyond the control of the Petitioner or under ‘Unique or Personal Circumstances’ is warranted for ‘Want of Service’ or OPM’s misconduct in OPM Investigation Case 01-904-277?”

2. “Whether Congress intended the ’60 day filing period’ as [j]urisdictional and ‘Notwithstanding any other provision of law’ (5 U.S.C. § 7703(b)(1)(A)) is a claim processing rule subject to the equitable doctrine of tolling?”

3. “Whether 5 C.F.R. § 1201.3 [s]ubject matter jurisdiction overrules the ’60 day fifing period deadline’ on the [m]erits, 5 U.S.C. § 7703(b)(1)(A)?”

4. “Whether OPM’s December 27, 2004, Final Decision in OPM Investigation Case 01-904-277 removed [f]ederal [j]urisdiction in SE-0731-01-0261-M-1, F. Circuit 2005-3155, and SE-0731-01-0261-I-2?”

5. “Whether Due Process is violated, when Petitioner is denied the right to appeal or challenge the [c]ourt[‘]s jurisdiction on unavailable exculpatory and undisclosed new and material evidence, removing the [l]ower [c]ourt’s [j]urisdiction?”

Posts About this Case

Proceedings and Orders
June 1, 2021
MOTION (20M98) DISTRIBUTED for Conference of 6/17/2021.
June 21, 2021
Motion (20M98) for leave to proceed as a veteran Denied.
August 18, 2021
DISTRIBUTED for Conference of 9/27/2021.
October 4, 2021
Petition DENIED.