606 F.2d 822 (8th Cir. 1979), 79-1542, In re Christian

Docket Nº:79-1542.
Citation:606 F.2d 822
Party Name:In re Earl CHRISTIAN, Petitioner.
Case Date:October 05, 1979
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 822

606 F.2d 822 (8th Cir. 1979)

In re Earl CHRISTIAN, Petitioner.

No. 79-1542.

United States Court of Appeals, Eighth Circuit

October 5, 1979

        Submitted Sept. 25, 1979.

        Arnold T. Phillips, Jr., Clayton, Mo., for petitioner.

        William Kanter and Linda Jan S. Pack, Attys., Dept. of Justice, Civ. Div., App. Staff, Washington, D. C., for respondents.

        Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

        PER CURIAM.

        Petitioner, a Civil Service employee, was fired on July 7, 1978. On July 8, 1978, he commenced an administrative proceeding (hereinafter the administrative appeal) to review that action. The instant petition for a writ of mandamus is to compel a decision in the administrative appeal pending since July 8, 1978.

        Because the administrative appeal was pending at the time the 1978 Service Reform Act became effective, January 11, 1979, review of the administrative appeal in the instant case would be in the federal district court rather than this Court. See S.Rep.No. 95-969, 95th Cong., 2d Sess. 63,

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Reprinted in (1978) U.S. Code Cong. & Admin. News 2723, 2785. Since the petitioner has neither cited authority nor otherwise shown why he first sought relief from this Court, it would be inappropriate for us to grant the writ. Moreover, since the petition was filed, an appropriate government agency has heard and decided the petitioner's case. The issue raised in this proceeding is moot. 1 The writ is denied.

        It is so ordered.


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