Opinion

Archer v. Napolitano

Court
District Court, District of Columbia
Filed
Nov 23, 2010
Status
Published
On the bench
Judge Rosemary M. Collyer
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

FILED

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

NOV 2 3 2010

Clerk, U.S. District & Bankruptcy

) Courts for the District of Columbia

Phyllis J. Archer, )

)

Plaintiff, )

)

v. ) Civil Action No. 10 200·6

)

Janet Napolitano, )

)

Defendant. )

)

MEMORANDUM OPINION

This matter is before the Court on plaintiff s pro se complaint and application to proceed

in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack

of subject matter jurisdiction.

Plaintiff, a resident of Arlington, Virginia, alleges that the Department of Homeland

Security "wrongfully terminated" her because she failed "to pay the agency Citibank credit

card[.]" Compl. at 1. Her recourse lies exclusively in the remedial scheme of the Civil Service

Reform Act of 1978, which requires adjudication of such claims by the Office of Personnel

Management, appeal to the Merit Systems Protection Board and judicial review by the U.S.

Court of Appeals for the Federal Circuit. Fornaro v. James, 416 F.3d 63,66 (D.C. Cir. 2005).1

A separate Order of dismissal accompanies this Memorandum Opinion.

Date: November 2-0,2010

I Although plaintiff mentions the Equal Employment Opportunity Commission, she does

not allege any facts to support a discrimination claim under Title VII of the Civil Rights Act of

1964,42 U.S.c. §§ 2000e et seq.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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