Brizuela v. United States

Francisco Brizuela appeals from a decision of the United States Court of Federal Claims, Brizuela v. United States, 103 Fed. Cl. 635 (2012), granting the government’s motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Rules of the Court of Federal Claims (“RCFC”). We affirm.

BACKGROUND

Brizuela was employed as a mail handler in Amarillo, Texas, by the U.S. Postal Service (“USPS”) until he was terminated on April 3, 1985, during his initial probationary period. Brizuela, 103 Fed. Cl. at 637. On April 16, 1985, Brizuela filed a complaint at the Equal Employment…