John David Mitchell v. U.s. Department of the Air Force, Joint Base Elmendorf/richardson, 732 Air Mobility…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN DAVID MITCHELL,
Plaintiff - Appellant,
v.
U.S. DEPARTMENT OF THE AIR
FORCE, JOINT BASE
ELMENDORF/RICHARDSON, 732 AIR
MOBILITY SQUADRON,
Defendant - Appellee.
No. 12-35322
D.C. No. 3:10-cv-0263-TMB
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding
Argued and Submitted August 14, 2013
Anchorage, Alaska
Before: KOZINSKI, Chief Judge, BERZON, and IKUTA, Circuit Judges.
The record reveals sufficient evidence to support the district court’s
conclusion that an authorized employee or officer appointed Mitchell to his
position and that he performed a federal function in the course of his employment
FILED
SEP 11 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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with the government. See 5 U.S.C. § 2105(a). The form used to memorialize
Mitchell’s employment references his appointee status multiple times, and an
authorized designee of the Secretary of the Air Force appointed Mitchell to his
position. 5 U.S.C. § 2105(a)(1)(C)–(D); see 5 U.S.C. § 302(b)(1) (“[T]he head of
an agency may delegate to subordinate officials the authority . . . to take final
action on matters pertaining to the employment, direction, and general
administration of personnel under his agency.”). This conforms with the statutory
requirements for appointment. 5 U.S.C. § 2105(a)(1)(C)–(D). Finally, his work as
an Air Force employee handling cargo at a military base is a federal function under
5 U.S.C. § 2105(a)(2).
AFFIRMED.
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