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MAHONEY v. DONOVAN

No. 12-5016.

721 F.3d 633 (2013)

J. Jeremiah MAHONEY, an Administrative Law Judge at the United States Department of Housing and Urban Development, Appellant v. Shaun DONOVAN, Secretary of the United States Department of Housing and Urban Development and John Berry, Director of the United States Office of Personnel Management, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2013.

Attorney(s) appearing for the Case

Michael F. Williams argued the cause for appellant. With him on the briefs was Steven A. Myers.   John F. Karl Jr. entered an appearance.

Ryan C. Morris , Francis A. Vasquez Jr. , and Leah E. Witters were on the brief for amici curiae Federal Administrative Law Judges Conference, et al. in support of appellant.

Addy R. Schmitt , Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

This is an appeal from the judgment of the district court dismissing, for lack of standing, J. Jeremiah Mahoney's complaint. We affirm, but on different grounds.

Mahoney is an administrative law judge — an ALJ — at the U.S. Department of Housing and Urban Development. He brought this action alleging that the agency had interfered with his decisional independence and thereby violated the Administrative Procedure...

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