GARDNER v. LIBRARY OF CONGRESS

Citation Codes

Equivalent Citations

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Docket Number

Undocketed No. FMCS83K/23185.

Attorney(S)

Rhonda Ann Gardner, submitted pro se. Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, Asst. Director and Helene M. Goldberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for respondent.

Judges

Howard Thomas Markey
Helen Wilson Nies
Pauline Newman

Acts

Government Organization And Employees — Definitions — Employees — General Provisions — The Competitive Service
Government Organization And Employees — Appeals — Employees — Labor-Management And Employee Relations — Judicial Review Of Decisions Of The Merit Systems Protection Board
Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Jurisdiction Of The United States Court Of Appeals For The Federal Circuit

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RHONDA ANN GARDNER, PETITIONER, v. LIBRARY OF CONGRESS, RESPONDENT.

ORDER

This Order was issued in unpublished form on September 9, 1985. It is converted to published form in response to respondent's motion filed September 23, 1985.

Petitioner has filed a direct appeal seeking review of her removal from employment with the Library of Congress. Because the Library is part of the Legislative Branch, its employees are not in the competitive service, 5 U.S.C. § 2102, and may not appeal adverse actions to the Merit Systems Protection Board (Board).

Our jurisdiction to consider appeals of adverse actions is limited to those determined in final decisions of the Board. 5 U.S.C. § 7703(b)(2); 7703(d); 28 U.S.C. § 1295(a)(9). This court is therefore without jurisdiction to consider the present appeal. It is therefore

ORDERED:

Respondent's motion to dismiss is granted.

RHONDA ANN GARDNER, PETITIONER, v. LIBRARY OF CONGRESS, RESPONDENT.

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