Montalvo v. United States

This civilian pay case comes to us on defendant’s motion for summary judgment. The sole issue is whether this court has jurisdiction to review, on the merits, the dismissal of a probationary employee, given the facts of this case. For the reasons discussed below, we hold that, on the record and facts before us, we do not have jurisdiction in this matter.

On April 4, 1980, plaintiff was hired as a correctional officer at the Federal Correctional Institution (fci) at *981Miami, Florida, by the Bureau of Prisons, U.S. Department of Justice. Under applicable regulations, plaintiffs appointment was…