Ceja v. U.S., No. 83-620
| Court | United States Courts of Appeals. United States Court of Appeals for the Federal Circuit |
| Writing for the Court | Before RICH, and KASHIWA, Circuit Judges, and COWEN; COWEN |
| Citation | 710 F.2d 812 |
| Parties | Jesus M. CEJA, Petitioner, v. UNITED STATES, Respondent. Appeal |
| Docket Number | No. 83-620 |
| Decision Date | 27 June 1983 |
Page 812
v.
UNITED STATES, Respondent.
Federal Circuit.
Page 813
William A. Dougherty, Villa Park, Cal., for petitioner.
J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner and Marsha D. Peterson, Washington, D.C., for respondent.
Before RICH, and KASHIWA, Circuit Judges, and COWEN, Senior Circuit Judge.
COWEN, Senior Circuit Judge.
The petitioner (Ceja) seeks review of a final order of the Merit Systems Protection Board (MSPB or Board) which sustained an initial decision dismissing his appeal as untimely filed. We hold that the Board erred in failing to hold that the presiding official abused his discretion, reverse the decision of the Board, and remand the case for further proceedings.
Petitioner was employed as a property disposal specialist with the Defense Logistics Agency at the Property Disposal Office, Marine Corps Air Station, El Toro, California. He had had 30 years of military and civilian service at the time he was removed from his position for "conspiracy in the theft of government property and theft of government property." At the time Ceja was notified of the decision to remove him, he was informed that he had the right to appeal the decision within 20 calendar days after the effective date of the action. This is required by MSPB Regulations, 5 CFR Sec. 1201.22(b). His removal became effective November 30, 1979, and approximately 20 months later, on August 20, 1981, he appealed his removal through his counsel.
By order of the San Francisco Regional Office of the MSPB, petitioner was invited to show that good cause existed for a waiver of his failure to appeal within the prescribed period. He responded with a written declaration, which stated that he declared under penalty of perjury that the statements contained therein were true and correct. * The declaration stated, among other things, that:
1. He had only a tenth grade education.
2. Douglas C. Mitton (the agency representative who was designated to assist petitioner in his appeal) was informed that petitioner desired to use his written response to the agency's notice of proposed removal as his appeal, but that Mr. Mitton did not inform petitioner that this could not be done or tell him what other things were necessary to perfect his appeal.
3. He had been informed by his supervisor, Mr. Larry Beal, that if he appealed his dismissal, he would be prosecuted criminally.
4. He...
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Wilder v. Prokop, 84-2540
...denying appellant information on statutory and regulatory rights and required hearing was denied to appellant); Ceja v. United States, 710 F.2d 812 (Fed.Cir.1983) (appellant's belief in threats of retaliation by criminal prosecution for exercise of appeal rights was fostered by government p......
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Bacashihua v. Merit Systems Protection Bd., 86-1585
...Only if an employee gives a reasonable excuse for the delay will prejudice to the agency become significant. See Ceja v. United States, 710 F.2d 812, 814 (Fed.Cir.1983) (after employee presents undisputed evidence of reasonable excuse for delay in filing an appeal, agency has burden of offe......
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PPG Industries, Inc. v. US, Court No. 89-12-00678.
...v. United States, 13 CIT ___, Slip Op. 89-140 at 13, 723 F.Supp. 1511, 1516 (1989) (citing Zenith Radio Corp., 1 Fed. Cir. (T) at 81, 710 F.2d at 812 (Nies, J. concurring)); Algoma Steel Corp., Ltd. v. United States, 12 CIT ___, 696 F.Supp. 656, 658 n. 2 (1988); The Timken Co. v. United Sta......
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American Spring Wire Corp. v. United States, Court No. 82-10-01355
...if a petitioner satisfies the other three Stile criteria, see S.J. Stile Associates, 646 F.2d at 525, an injunction will issue. Zenith, 710 F.2d at 812 (Nies, J., concurring). Otherwise, if a court in this situation does not enjoin liquidation of entries pending resolution of challenges to ......
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Wilder v. Prokop, 84-2540
...denying appellant information on statutory and regulatory rights and required hearing was denied to appellant); Ceja v. United States, 710 F.2d 812 (Fed.Cir.1983) (appellant's belief in threats of retaliation by criminal prosecution for exercise of appeal rights was fostered by government p......
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Bacashihua v. Merit Systems Protection Bd., 86-1585
...Only if an employee gives a reasonable excuse for the delay will prejudice to the agency become significant. See Ceja v. United States, 710 F.2d 812, 814 (Fed.Cir.1983) (after employee presents undisputed evidence of reasonable excuse for delay in filing an appeal, agency has burden of offe......
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PPG Industries, Inc. v. US, Court No. 89-12-00678.
...v. United States, 13 CIT ___, Slip Op. 89-140 at 13, 723 F.Supp. 1511, 1516 (1989) (citing Zenith Radio Corp., 1 Fed. Cir. (T) at 81, 710 F.2d at 812 (Nies, J. concurring)); Algoma Steel Corp., Ltd. v. United States, 12 CIT ___, 696 F.Supp. 656, 658 n. 2 (1988); The Timken Co. v. United Sta......
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American Spring Wire Corp. v. United States, Court No. 82-10-01355
...if a petitioner satisfies the other three Stile criteria, see S.J. Stile Associates, 646 F.2d at 525, an injunction will issue. Zenith, 710 F.2d at 812 (Nies, J., concurring). Otherwise, if a court in this situation does not enjoin liquidation of entries pending resolution of challenges to ......