MITCHELL v. MERIT SYSTEMS PROTECTION BOARD
| GERALD MITCHELL |
| MERIT SYSTEMS PROTECTION BOARD and OFFICE OF PERSONNEL MANAGEMENT |
| 1:2024cv00858 |
| March 26, 2024 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 45 Case transferred in from USCA for the Federal Circuit. Case Number 23-2152. Original file certified copy of transfer order and docket sheet received.(znmw) |
| Filing 44 Clerk's Letter to the United States District Court for the District of Columbia: Transfer Letter. Service as of this date by the Clerk of Court. 992997 [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
Filing 43
ORDER MSPB Docket No. AT-844E-13-3694-I-1 is transferred to the United States District Court for the District of Columbia pursuant to 28 U.S.C. 1631. This matter is dismissed as to MSPB Docket No. AT-0831-19-0078-I-1. All pending motions are denied. (Per Curiam). Service as of this date by the Clerk of Court. 992941 [NL] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw)
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| Filing 42 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB May 1, 2023 Decision... Service: 03/23/2024 by email. 992549 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 41 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB May 1, 2023 decision... Service: 03/15/2024 by email. 990913 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 40 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB May 1, 2023 Final Order... Service: 03/10/2024 by email. 989628 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 39 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB May 1, 2023 Final Order... Service: 03/08/2024 by email. 989584 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 38 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 03/08/2024 by email. 989257 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 37 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 03/03/2024 by email. 987963 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 36 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 03/03/2024 by email. 987960 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 35 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 03/02/2024 by email. 987959 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 34 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 03/01/2024 by email. 987935 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 33 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 02/25/2024 by email. 986332 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 32 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 02/23/2024 by email. 985954 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 31 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 02/21/2024 by email. 985177 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 30 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement response #18 , to vacate The MSPB's May 1, 2023 Final Order... Service: 02/14/2024 by email. 983761 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 29 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement response #18 , to vacate The MSPB's May 1, 2024 Final Order... Service: 02/14/2024 by email. 983733 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 28 MOTION of Petitioner Gerald Mitchell to clarify #18 filed by Petitioner Gerald Mitchell, to correct or supplement, to vacate The MSPB's May 1, 2023 Final Order... Service: 02/12/2024 by email. 983133 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 27 MOTION of Petitioner Gerald Mitchell to correct or supplement response #18 , to vacate MSPB's May 1, 2023 Final Order... Service: 02/03/2024 by email. 981473 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 26 MOTION of Petitioner Gerald Mitchell to correct or supplement response #18 , to vacate The MSPB's May 1, 2023 Final Order... Service: 02/03/2024 by email. 981472 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 25 MOTION of Petitioner Gerald Mitchell to vacate The MSPB's May 1, 2023 Decision... Service: 01/22/2024 by email. 978379 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 22 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #16 , #16 , #16 . Service: 01/11/2024 by email. 976271 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 24 MOTION of Petitioner Gerald Mitchell to vacate The MSPB's May 1, 2023 Decision.., For Mr. Mitchell's PFR to be remanded to the MSPB for complete discovery and proper adjudication and for the requested evidence and/or information be provided along with all other available relief including make whole relief. All rights are reserved.. Service: 01/17/2024 by email. 977116 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 23 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #16 , #16 , #16 . Service: 01/14/2024 by email. 976594 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 21 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #16 , #16 , #16 . Service: 01/11/2024 by email. 976025 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 20 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #16 , #16 , #16 . Service: 01/10/2024 by email. 975910 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 19 RESPONSE of Respondent MSPB to Doc. No. #16 , #16 , #16 . Service: 01/08/2024 by email. 975270 [23-2152] [Kelly Winship] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 18 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #16 , #16 , #16 . Service: 01/07/2024 by email. 974974 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 17 Entry of Appearance for Kelly Winship as counsel for Respondent MSPB. Service: 12/19/2023 by email. 971584 [23-2152] [Kelly Winship] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
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Filing 16
ORDER filed modifying the official and short captions. The official and captions are reflected in the order; Within 30 days from the date of entry of this order, the parties are directed to show cause whether this petition should be dismissed as untimely or transferred to a United States district court, and if transfer is applicable, to identify which district court is appropriate. The briefing schedule remains stayed. Service as of this date by the Clerk of Court. 968837 [NL] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw)
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| Filing 15 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #12 , #12 , #12 . Service: 11/17/2023 by email. 964049 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 14 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #12 , #12 , #12 . Service: 11/03/2023 by email. 961103 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 13 RESPONSE of Petitioner Gerald Mitchell to Doc. No. #12 , #12 , #12 . Service: 10/31/2023 by email. 960207 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
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Filing 12
ORDER Absent objection or clarification from Mr. Mitchell that he is also seeking review of the Board's decision in AT-844E-13-3694-I-1 within 14 days from the date of entry of this order, the court will reform the caption to list only the AT-0831-19-0078-I-1 decision and the Board as the respondent. The briefing schedule is stayed. (Per Curiam). Service as of this date by the Clerk of Court. 959995 [NL] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw)
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Filing 11
ORDER granting motion to extend time to file brief #9 filed by Petitioner Gerald Mitchell. ECF No. #8 is accepted as Mr. Mitchell's informal opening brief and appendix. Service as of this date by the Clerk of Court. 959964 [NL] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw)
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| Filing 10 APPENDIX FILED by Petitioner Gerald Mitchell. Service: 10/27/2023 by email. (PENDING COMPLIANCE REVIEW) 959832 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 9 MOTION of Petitioner Gerald Mitchell to extend the time to 10/20/2023 to file brief. Service: 10/16/2023 by email. 956798 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 8 MODIFIED ENTRY: INFORMAL BRIEF FILED with APPENDIX by Petitioner Gerald Mitchell. Service: 10/16/2023 by clerk. 956796 --[Edited 10/30/2023 by MMA - Reason: compliance review complete] This document has been accepted. See Order #11 [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 7 MOTION of Petitioner Gerald Mitchell to extend the time to 10/20/2023 to file brief. Service: 10/16/2023 by email. 956795 [23-2152]--[Edited 10/19/2023 by MMA to correct party filer] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 6 Certified list received. Service: 08/10/2023 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. 942870 [MMA] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 5 Statement Concerning Discrimination pursuant to Fed. Cir. R. 15(c) for Petitioner Gerald Mitchell. Service: 08/02/2023 by email. 939977 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
| Filing 4 Notice of Unrepresented Person Appearance and Consent to Electronic Filing and Service for Petitioner Gerald Mitchell. Service: 08/02/2023 by email. 939975 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 3 Entry of Appearance for Christopher L. Harlow as counsel for Respondent OPM. Service: 08/01/2023 by email, US mail. 939809 [23-2152] [Christopher Harlow] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 2 Filing fee paid. Fee Amount: $500.00. Receipt Number: A13-39602-526. 938717 [23-2152] [Gerald Mitchell] [Transferred from USCA Federal Circuit on 03/26/2024.] (znmw) |
| Filing 1 Appeal docketed. Received: 07/10/2023. 936298 Fee/IFP due on 07/28/2023. 15(c) due on 07/28/2023. Entry of Appearance due 07/28/2023. Certified List due on 08/23/2023. [MMA] [Transferred from USCA Federal Circuit on 03/26/2024.](znmw) |
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