Legal Opinion
Daniels v. Merit Systems Protection Board
Court of Appeals for the Ninth Circuit
Decided August 9, 2016No. 13-73913PublishedCited by 9 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
The Merit Systems Protection Board (“Board”) has jurisdiction over individual right of action (“IRA”) appeals only when a petitioner makes “non-frivolous allegations.” See Yunus v. Dep’t of Veterans Affairs, 242 F.3d 1367, 1371 (Fed. Cir. 2001). Thomas Daniels, an employee of the Social Security Administration (“SSA”), 1 petitions for review of a Board order dismissing his IRA appeal for lack of jurisdiction. Daniels has not made a non-frivolous allegation under the Whistleblower Protection Act (“WPA”). Accordingly, we deny Daniels’s petition for review.
I
Under…
2Cases cited9 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Garcia De Rincon v. Department of Homeland SEC.Court of Appeals for the Ninth Circuit · 2008
- Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
- Mohammed Yunus v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
- Warren S. Forest v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leslie Kerr v. Sally JewellCourt of Appeals for the Ninth Circuit · 2016
- Young v. MSPBCourt of Appeals for the Federal Circuit · 2020
- Michael Johnen v. U.S. Merit Systems ProtectionCourt of Appeals for the Ninth Circuit · 2018
- Ho v. Kiewit Building Group, Inc.District Court, D. Hawaii · 2025
- Kathryn Flynn v. MSPBCourt of Appeals for the Ninth Circuit · 2019
4 more not listed; retrieve them via the Exa API.