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Musselman v. Department of the Army

Certiorari Denied

Petition for certiorari denied on January 16, 2018.

Docket No.17-570
Op. BelowFed. Cir.

Issue

Whether the 60-day time limit for an employee or applicant for employment to seek judicial review of a final decision by the Merit Systems Protection Board, 5 U.S.C. § 7703(b)(1)(A), is a jurisdictional requirement or a claim-processing rule subject to equitable tolling.

Proceedings & orders timeline

Oct 16, 2017
Petition for a writ of certiorari filed. (Response due November 15, 2017)
Nov 9, 2017
Order extending time to file response to petition to and including December 15, 2017.
Nov 13, 2017
Brief amicus curiae of Federal Circuit Bar Association filed. VIDED.
Nov 17, 2017
Motion for leave to file amicus brief out of time filed by National Treasury Employees Union.
Dec 15, 2017
Brief of respondent Department of the Army in opposition filed.
Dec 18, 2017
Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
Dec 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
Dec 21, 2017
Reply of petitioner Jeffery S. Musselman filed. (Distributed)
Jan 2, 2018
Rescheduled.
Jan 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
Jan 16, 2018
Motion for leave to file amicus brief filed by National Treasury Employees Union GRANTED.
Jan 16, 2018
Petition DENIED.

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