Bobby Abernethy v. Patrick Donahoe

Vacated and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Bobby R. Abernethy, a former employee of the United States Postal Service (“USPS”), appeals the district court’s order granting Defendant’s motion to dismiss his breach of contract action. The district court dismissed Abernethy’s complaint “based on the simple fact that ... a federal statute provides that, with narrow exceptions that are not applicable here, USPS employees serve by appointment, and not by contract.” Citing to 39 U.S.C. § 1001(b) (2006) (“Except as otherwise…