Legal Opinion

Timothy v. Hymen v. Merit Systems Protection Board

Court of Appeals for the Ninth Circuit

Decided September 19, 1986No. 85-5738PublishedCited by 32 opinions

1Per curiam

Hymen appeals the dismissal by the district court of his discrimination claims brought pursuant to 5 U.S.C. § 7703(b)(2). He also appeals the transfer of his nondiscrimination claims to the Federal Circuit and the dismissal of his Freedom of Information Act (FOIA) claims for failure to exhaust administrative remedies. We affirm all three actions of the district court.

Hymen’s discrimination claims were dismissed by the district court for lack of jurisdiction. Hymen filed his complaint within 30 days as required by 5 U.S.C. § 7703(b)(2), but the complaint did not name the Postmaster General as…

2Cases cited5 opinions

  1. Schiavone v. FortuneSupreme Court of the United States · 1986
  2. Earl RICE, Plaintiff-Appellant, v. HAMILTON AIR FORCE BASE COMMISSARY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  3. Karen A. Cooper v. U.S. Postal ServiceCourt of Appeals for the Ninth Circuit · 1984
  4. Jimmy Dale Lofton, in Pro Se v. Margaret M. Heckler, as Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. United States District Court, Central District of California, Los Angeles, California, John Z. Delorean, Real-Party-In-InterestCourt of Appeals for the Ninth Circuit · 1983

3Cited by32 opinions

  1. Evelyn JORDAN, Plaintiff-Appellant, v. William P. CLARK, Secretary of the Department of the Interior, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. McDonnell v. United StatesCourt of Appeals for the Third Circuit · 1993
  3. Jerrald M. Johnson v. United States Postal ServiceCourt of Appeals for the Tenth Circuit · 1989
  4. Robert E. Moore, a Single Man v. The United Kingdom, a Foreign Government Kenneth Southall John Does, I-XCourt of Appeals for the Ninth Circuit · 2004
  5. McDONNELL v. UNITED STATESCourt of Appeals for the Third Circuit · 1993

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