Jolly v. Department of the Army

Filing 21

ORDER granting 19 Motion to Vacate. The Clerk is ordered to transfer this case to the Court of Appeals for the Federal Circuit. This case will remain Closed. Signed by Judge J. Randal Hall on 4/12/17. (cmr)

IN THE UNITED
FOR THE

STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

LAURIE JOLLY,

Plaintiff,
v.

CV

116-065

DEPARTMENT OF THE ARMY,
•sir

Defendant.

ORDER

Plaintiff,

a

former

Army Medical Center,
the

Merit

1.)

exclusive

Protection

decision

Because

the

of

the

to

Court

jurisdiction

Board's

Eisenhower

remove

of

Plaintiff

Appeals

over

for

appeals

from

the

from

challenging

affirmance
service.

Federal

MSPB

(Doc.

Circuit

decisions,

lack of

of

has

the

jurisdiction.

17.)

Following

the

Federal

Circuit

Circuit

dismissed

did

D.

("MSPB")

Court dismissed Plaintiff's complaint for
(Doc.

Dwight

filed this lawsuit in May 2016,

Systems

Defendant's

employee

not

decision.

file

to

it

(See

dismissal
review

the

Plaintiff's

within
Doc.

19

of the case,

60
at

MSPB's

days

decision.

as

request

after

31-33);

5

Plaintiff

untimely

the

U.S.C.

MSPB

asked

The

the

Federal

because

she

issued

its

§ 7703(b) (1) (A) .

The Federal Circuit,

however,

case

within

in

this

decision.

Court

And according

noted that: Plaintiff did file this

60

to

days

the

after

Federal

the

MSPB

Circuit,

issued

if this

its

Court

vacates its ruling dismissing the case and transfers the case to
the

Federal Circuit,

her

district

now

asks

court

the

Plaintiff "could be afforded the benefit of

filing date,

Court

to

do

just

:id.

at

33.)

that,

and

the

Court

Plaintiff

Defendant

thus

does

not

oppose Plaintiff's request.
After

motion.
VACATED,

careful

(Doc.

19.)

consideration,

The

Court's

previous

GRANTS

order

Plaintiff's

(doc.

17)

is

and the Clerk is ORDERED to TR2J&SFER this case to Court

of Appeals

for the Federal

Circuit.

' This case will remain

CLOSED.

ORDER ENTERED at Augusta, Georgia this

/J^'/Aday of April,

2017.

^L

HALL

fTATES DISTRICT JUDGE
DISTRICT OF GEORGIA