Homer v. Roche

MEMORANDUM OPINION

HUVELLE, District Judge.

Before the Court are plaintiffs motion for summary judgment and defendant’s motion to dismiss, or in the alternative, for summary judgment. Plaintiff Arthur R. Homer invokes the Administrative Procedure Act (“APA”), 5 U.S.C. § 702 et seq., to challenge the Air Force’s refusal to promote him to the rank of colonel. While the Court is without jurisdiction to grant plaintiff the main relief that he seeks— direct promotion — the Court may review the Air Force decisions at issue here under the familiar “arbitrary and capricious” standard and order relief…