Medina v. Federal Aviation Administration

Fed. Cir.
Pro Se

Question(s) Presented

Alvin E Medina, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issue equitable tolling, and the constitutional matter of proper notice of appeal rights and proper certificate of service of a decision is absent. When a Federal Circuit Courts has jurisdiction of its own court’s precedent, “do you throw the baby out with the bath water”? Notice of appeal rights 5 C.F.R. § 1201.21 (a) to get you to 5 U.S.C. § 7703 (b) (1) (A); and 5 U.S.C. § 7121 (f) (“Section 7303…..pertaining to judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the Board”) An arbitrator “issues notice” on “the date on which” the arbitrator “sends the parties the final decision, whether electronically, by regular mail, or by other means.”1) (A); the 60 day time limit to lead you to the federal court to appeal a decision is silent is that equitable tolling? Notice of Appeal Rights on March 29, 2019, and “[t]he arbitrator’s decision letter was silent on the Petitioner appeal rights in this process,” and “had no instructions, guidance, or any language on where, when, or how to file an appeal.” Petition for Review should have been granted under 5 U.S.C. § 7703 (b) (1) (A); and 5 U.S.C. § 7121 (f). Pro-se party must be afforded the same protections mandated by the rules of the MSPB, and the constitution. 28 U.S Code § 2107.

Posts About this Case

Proceedings and Orders
September 30, 2020
DISTRIBUTED for Conference of 10/16/2020.
October 19, 2020
Petition DENIED.