Henry E. Gossage v. Office of Personnel Management
DueProcess
Whether the Federal Circuit has jurisdiction to determine its original and lower court's jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision
QUESTIONS PRESENTED Given every appellate court has a special obligation to satisfy itself not only of its jurisdiction but also that of the lower courts in a cause under review and, the Constitution is the paramount law. The Federal Circuit has jurisdiction to review Petitioner’s Constitutional claims and under 5 U.S.C. §§’s 702, 704, 7701, 7703; 28 U.S.C. § 1295(a)(9); 5 CFR § 300.104, 5 C.F.R. § 731.501, 5 C.F.R. § 1201 et seq., and Federal Rules of Civil Procedure 60. On December 27, 2004, the Office of Personnel Management (OPM) amended, overturned, vacated Karen McCue’s May 16, 2001, initial determination. : The Questions presented: 1. Whether the Federal Circuit has Jurisdiction or “lacks jurisdiction” to ; determine its original and lower court’s jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision, OPM’s May 16, 2001, initial decision? 2. Whether the Court entered a default judgment by substituting its own 5 C.F.R. § 731 et seq. decision for that of the Agency's (OPM) December 27, 2004 decision? 3. Whether Due Process is violated, when Petitioner is denied the right to appeal 5 C.F.R. § 300.104, an employment practice? 4, Whether 28 U.S.C. § 1295(a)(9) is a claim-processing rule superior over Petitioner’s 5 Amendment Constitutional claims? ii ;