TaiLexi AI U.S. Case Law

John Pavao v. Merit Systems Protection Board

John PAVAO, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent

Pavao v. Merit Sys. Prot. Bd., 762 F.2d 988 (Fed. Cir. 1985)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Federal Circuit · U.S. Courts of Appeals
Decided
May 22, 1985
Docket
No. 85-784
Judges
Rich, Nies, Cowen
Citations
762 F.2d 9881985 U.S. App. LEXIS 14998

Opinion — Rich

RICH, Circuit Judge.

The March 30,1984, decision of the Merit Systems Protection Board (board), Nos. SF07528410256 and SF07528410495, on which the full board denied a petition for review, dismissing John Pavao’s appeal for lack of jurisdiction is affirmed.

Pavao was suspended and removed from his position as the county executive director of the Riverside — San Diego County Agricultural Stabilization and Conservation Service Office by the Department of Agriculture for failing to perform the duties of his employment and for impeding the effectiveness of the service in the county.

See, 7 CFR 7.26, 7.29-7.34 (1983). The board held that it lacked jurisdiction to hear the appeal because Pavao failed to meet his burden of proving that he was an “employee” within 5 U.S.C. § 7511 (a)(1) (1982). In addition, the board held that it lacked jurisdiction because Pavao failed to prove that he was removed pursuant to 5 U.S.C. §§ 4301-4304 (1982).

After thorough review of the parties’ informal briefs and the record, we are unpersuaded that the board erred in dismissing the appeal for lack of jurisdiction.

Conclusion Accordingly, the decision of the board is affirmed.

AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1988: 21990: 119882026peak 1988 · 2

Relies on it most ⓘ

  1. Hedman v. United States15 Cl. Ct. 304 (Ct. Cl. 1988)
  2. Jon Hedman v. Department of Agriculture915 F.2d 1552 (Fed. Cir. 1990)
  3. Hamlet v. United States14 Cl. Ct. 62 (Ct. Cl. 1988)

Most recent

  1. Jon Hedman v. Department of Agriculture915 F.2d 1552 (Fed. Cir. 1990)
  2. Hedman v. United States15 Cl. Ct. 304 (Ct. Cl. 1988)
  3. Hamlet v. United States14 Cl. Ct. 62 (Ct. Cl. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list