Connolly v. United States

OPINION

KOZINSKI, Chief Judge.

Prior to the effective date of the Federal Courts Improvement Act of 1982, Pub.L. No. 97-164, 96 Stat. 25, the parties filed cross motions for summary judgment. Because defendant’s motion, in part, challenges the court’s jurisdiction to grant the relief requested by plaintiff, the court treats it as a motion to dismiss pursuant to Rule 12(b).

FACTS 1

Plaintiff is a former probationary employee of the United States Postal Service. He was hired on April 4, 1981, as a postal distribution clerk at the main post office in Flagstaff, Arizona. His duties involved sorting…