JENKINS v. MERIT SYSTEMS PROTECTION BD.

2017-2193.

911 F.3d 1370 (2019)

Charles T. JENKINS, Jr., Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: January 2, 2019.


Attorney(s) appearing for the Case

AARON BENJAMIN FRUMKIN , Gibson, Dunn & Crutcher LLP, Los Angeles, CA, argued for petitioner.

TARA JEAN KILFOYLE , Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. Also represented by TRISTAN LEAVITT , KATHERINE MICHELLE SMITH ; DAVID PEHLKE , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC.

Dissenting opinion filed by Circuit Judge REYNA.


Petitioner Charles T. Jenkins, Jr. seeks review of a Merit Systems Protection Board ("MSPB") final decision dismissing his appeal for lack of jurisdiction. See Jenkins v. Dep't of the Army, No. DA-0752-16-0080-I-2, 2017 WL 1209626 (M.S.P.B. Mar. 31, 2017) (J.A. 1-28).

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