636 F.2d 169 (7th Cir. 1980), 79-1627, Beals v. Merit Systems Protection Bd.

Docket Nº:79-1627, 79-2205.
Citation:636 F.2d 169
Party Name:James BEALS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. James H. BEALS, Plaintiff-Appellant, v. Harold BROWN, Secretary of Defense et al., Defendants-Appellees.
Case Date:November 14, 1980
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 169

636 F.2d 169 (7th Cir. 1980)

James BEALS, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent.

James H. BEALS, Plaintiff-Appellant,

v.

Harold BROWN, Secretary of Defense et al., Defendants-Appellees.

Nos. 79-1627, 79-2205.

United States Court of Appeals, Seventh Circuit

November 14, 1980

Submitted Nov. 5, 1980.[*]

James H. Beals, John Malvik, Rock Island, Ill., for petitioner.

William Kanter, Dept. of Justice, Washington, D. C., Gerald D. Fines, U. S. Atty., Springfield, Ill., Terry G. Harn, Asst. U. S. Atty., Peoria, Ill., for respondent.

Page 170

Before CUMMINGS, WOOD and CUDAHY, Circuit Judges.

PER CURIAM.

Petitioner-appellant, James Beals, appeals from the district court's order of May 21, 1979, denying him leave to file his pro se petition for review of his 1975 discharge from federal employment. Consolidated with his appeal from that order is a second petition for review of his discharge filed with this court on June 8, 1979. Both parties agree that Beals' right to review of his discharge from federal employment lies properly in the district court and that that court erred in denying leave to file his petition. We also agree and accordingly grant the relief asked for.

I

The procedural problem presented in this case is the result of substantial changes in the procedure for judicial review of federal personnel cases brought about by the Civil Service Reform Act of 1978, Pub.L.No. 95-454 (Oct. 13, 1978). The Act, as did the prior law, provides for judicial review of final orders or decisions of the Merit Systems Protection Board, formerly the Civil Service Commission's Federal Employees Appeals Authority, adversely affecting employees or applicants for federal employment. However, unlike prior law, the Act provides that "a petition to review a final order or final decision of the Board shall be filed in the Court of Claims or a United States Court of Appeals...." 5 U.S.C. § 7703(b)(1). Prior to this revision, petitions for review of adverse personnel action were to be filed in the Court of Claims or a United States District Court. 28 U.S.C. §§ 1346, 1491 (1976). The question presented here is which law applies?

In denying Beals leave to file his petition for review with that court on May 21, 1979, the district court held that the Civil Service Reform Act of 1978 applied, requiring review to be initiated...

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