613 F.2d 49 (3rd Cir. 1980), 79-2453, Ellis v. Merit Systems Protection Bd.

Docket Nº:79-2453.
Citation:613 F.2d 49
Party Name:Franklin A. ELLIS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
Case Date:January 18, 1980
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

Page 49

613 F.2d 49 (3rd Cir. 1980)

Franklin A. ELLIS, Petitioner,



No. 79-2453.

United States Court of Appeals, Third Circuit

January 18, 1980

Submitted Jan. 7, 1980.

Page 50

James Logan, Jr., Mount Holly, N. J., for petitioner.

William Kanter, Dept. of Justice, Civil Division, Appellate Staff, Washington, D. C., for respondent; Jane M. Edmisten, Deputy Gen. Counsel, Merit Systems Protection Bd., Washington, D. C., of counsel.

Before SEITZ, Chief Judge, ADAMS and WEIS, Circuit Judges.



Franklin Ellis petitioned this Court for direct review of an order by the Civil Service Commission's Federal Employee Appeals Authority affirming his removal by the Department of the Army from a position as Housing Project Manager. Upon the Government's motion, we dismiss the petition for lack of jurisdiction.

On November 23, 1977, Ellis was notified of the Army's charges against him and its intention to remove him from his position at Fort Dix, New Jersey. He replied in writing to the charges against him, but was notified by a letter dated February 2, 1978, of the decision to remove him as of February 10. An appeal was taken on February 21, 1978, to the Federal Employee Appeals Authority (predecessor to the Merit Systems Protection Board) of the Civil Service Commission. In an opinion dated November 3, 1978, the Appeals Authority affirmed the removal action and notified Ellis that its decision constituted the Agency's final order, from which judicial review could be pursued. Ellis' subsequent request to reopen and reconsider the decision was denied by the Merit Systems Protection Board on August 31, 1979; a petition for review in this Court followed.

Under the Civil Service Reform Act of 1978, any employee adversely affected by a decision of the Merit Systems Protection Board may obtain judicial review in either the Court of Claims or a United States Court of Appeals. Pub.L.No.95-454, § 7703, 92 Stat. 1111, 1143-44, 5 U.S.C.A. § 7703 (Supp.1979). The Act became effective January 11, 1979, however, and a savings clause provides that "(n)o provision of this Act shall affect any administrative proceedings pending at the time such provision takes effect. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been...

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