John Paul Jones, III v. Department of Health and Human Services
Background
- Appellant: John Paul Jones, III, pro se; Agency: Department of Health and Human Services.
- Appeal concerned a request for corrective action under the Veterans Employment Opportunities Act of 1998 (VEOA).
- Administrative judge issued an initial decision denying Jones’s request for corrective action.
- Jones filed a petition for review to the Merit Systems Protection Board (MSPB).
- MSPB reviewed the filings and concluded Jones failed to establish any basis under 5 C.F.R. § 1201.115 for granting review.
- MSPB denied the petition for review, affirmed the initial decision as the Board’s final decision, and informed Jones of his 60-day appeal right to the U.S. Court of Appeals for the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial decision denying corrective action under VEOA was erroneous | Jones sought corrective action and argued the initial decision was wrong | Agency maintained the initial decision was correct and supported by the record | MSPB: Jones failed to show a basis for review; petition denied and initial decision affirmed |
| Whether the petition presented new, material evidence or legal argument unavailable earlier | Jones implied additional grounds for review or error in the initial decision | Agency opposed reopening or reconsideration for lack of new material evidence/argument | MSPB: No new material evidence or legal argument shown to warrant review |
| Whether procedural or legal errors occurred in the administrative adjudication | Jones contended the administrative process produced an incorrect outcome | Agency argued procedures and legal application were correct | MSPB: No procedural or legal error demonstrated that affected the outcome |
| Whether failure to timely appeal could be excused | (implied concern about appellate deadlines) | Agency relied on statutory deadlines | MSPB cited precedent that courts ordinarily cannot waive statutory filing deadlines; advised Jones of 60-day Federal Circuit deadline |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (federal circuit holds it normally lacks authority to waive statutory filing deadlines)