Hobson v. Merit Systems Protection Board

 
DOCKET NO.
OP. BELOW
SUBJECT
Pro Se

Question(s) Presented

“This Petition arises from the per curiam, without-opinion affirmance by the United States Court of Appeals for the Federal Circuit of a Final Order of the United States Merit Systems Protection Board (‘MSPB’) that missed a federal applicants challenge to an adverse employment action. MSPB dismissed the Petitioners Individual Right of Action Appeal under the Whistleblower Protection Act and Whistleblower Protection Enhancement Act for Lack of Jurisdiction. The Board stated reason is the Petitioners failure to make a non-frivolous allegation that her protected activity was a contributing factor to personnel (retaliatory) action taken against her.”

“On March 21, 2022, the United States Court of Appeals for the Federal Circuit entered its Notice of Entry of Judgment Without Opinion, the Clerk of Court stating: ‘This Cause having been considered, it is ORDEREDED [sic] and AJUDGED: AFFIRMED.’ The Court affirmed the judgment or decision that was appealed. None of the release sought in the appeal was granted. No opinion accompanied the judgment. Notice of Entry of Judgment without Opinion in 21-1693 HOBSON vs. MSPB Merit Systems Protection Board, Case No. CH-1221-20-0604-W-I (March 21, 2022).”

“This Federal Circuit decision directly conflicts with earlier Holdings of the Federal Circuit itself-the only circuit ordinarily With jurisdiction over appeals challenging the U.S. Merit System Protection Board and the Supreme Court ofthe United States. Accordingly, Petitioner Hobson (who is a 59-year old Former Department of Defense Education Activity (DoDEA) Veteran Educator by way of Department of Defense (DoD)) who spent six (6) Consecutive years in South Korea and one who has served in Germany, Guam, Fort Campbell and Fort Knox files this Petition For Writ of Certiorari to the U. S. Supreme Court. Five reasons or presented:”

  1. “Whether the U. S. Court of Appeals for the Federal Circuit erred in dismissing the Petitioners Whistleblower By Proxy Case, when she was non-selected for a teaching position at Mahaffey Middle School, a (DoDEA) school, within months after she testified in a MSPB Hearing by way of Subpoena, for another known (DoDEA) Whistleblower?”
  2. “Whether the U. S. Court of Appeals for the Federal Circuit erred in dismissing the Petitioners Whistleblower by Proxy case, when the Board prematurely dismissed her appeal for lack of jurisdiction based on the Boards misinterpretation of the Petitioner’s filings?”
  3. “Whether the U.S. Court of Appeals for the Federal Circuit erred in affirming the dismissal of the Petitioners Whistleblower By Proxy case, when the Board made erroneous statements about the Petitioners awareness of the selection officials knowledge of her prior EEO protected activity?”
  4. “Whether the U. S. Court of Appeals for the Federal Circuit erred in affirming the dismissal of the Petitioners Whistleblower By Proxy case, when the Board misinterpreted the Petitioners current case with a previously adjudicated case?”
  5. “Whether the U. S. Court of Appeals for the Federal Circuit erred in affirming the dismissal of the Petitioners Whistleblower By Proxy case, when the Board made erroneous statements that the Petitioner failed to make a non-frivolous allegation?”

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