From Casetext: Smarter Legal Research

Hilliard v. United States Postal Service

United States Court of Appeals, Federal Circuit
Dec 6, 1983
722 F.2d 1555 (Fed. Cir. 1983)

Opinion

Appeal No. 83-923.

December 6, 1983.

Alan Bryant Chambers, Memphis, Tenn., submitted for petitioner.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Stephen C. Alpern and Joan C. Goodrich, Washington, D.C., submitted for respondents.

Appeal from Merit Systems Protection Board.

Before BALDWIN, BENNETT and MILLER, Circuit Judges.


ORDER


The decision of the Merit Systems Protection Board affirming petitioner's removal arises from a "mixed" case and is, therefore, not within this court's jurisdiction to review. Williams v. Department of the Army, 715 F.2d 1485 (Fed. Cir. 1983).

Because the pleadings before the district court allege discrimination and do not track the issues of this appeal, it is in the interest of justice that we transfer this case to the district court under 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT:

The case be transferred to the United States District Court for the Western District of Tennessee, Western Division.


Summaries of

Hilliard v. United States Postal Service

United States Court of Appeals, Federal Circuit
Dec 6, 1983
722 F.2d 1555 (Fed. Cir. 1983)
Case details for

Hilliard v. United States Postal Service

Case Details

Full title:IRVIN H. HILLIARD, PETITIONER, v. UNITED STATES POSTAL SERVICE, RESPONDENTS

Court:United States Court of Appeals, Federal Circuit

Date published: Dec 6, 1983

Citations

722 F.2d 1555 (Fed. Cir. 1983)

Citing Cases

Atari, Inc. v. JS & A Group, Inc.

Modesty, however, is in the eye of the advocate. Atari is apparently unaware of this court's decisions in:…

Hilliard v. U.S. Postal Service

Appellant filed a petition in the Court of Appeals for the Federal Circuit to review those aspects of the…