McCanless v. United States

This civilian pay case is before the court on defendant’s motion (i) to transfer the case from the regular docket to the appeal docket as a petition for review and to substitute the United States Department of the Air Force (Air Force) and the Merit Systems protection Board (MSPB) as respondents in lieu of the United States, and (ii) to dismiss the petition for review as untimely under 5 U.S.C. § 7703(b)(1) (Supp. Ill 1979). The pro se plaintiff offers no opposition to the first part of defendant’s motion; he does oppose part (ii). The single issue before us is whether plaintiff requested the…