Jason Leichtman v. Department of Justice

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# United States Court of Appeals for the Federal Circuit

JASON LEICHTMAN,
Petitioner,
v.
DEPARTMENT OF JUSTICE,
Respondent.

2010-3174

Petition for review of an arbitrator's decision in FMCS
case no. 09-00539 by Robert Hoffman.

Before LOURIE, MAYER, and DYK, Circuit Judges.
DYK, Circuit Judge.

ORDER

The Department of Justice moves to waive the re-
quirements of Fed. Cir. R. 27(f) and to dismiss Jason
Leichtman's petition for review for lack of jurisdiction.
Liechtman moves to reform the official caption.

The Federal Bureau of Prisons suspended Leichtman
for three days from his position as a corrections officer for
on-duty and off-duty conduct. Leichtman challenged his
suspension through the Federal Mediation and Concilia-
tion Service under the negotiated grievance procedure.

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The arbitrator rescinded Leichtman's suspension but
denied his claim for attorney fees. Leichtman petitioned
this court for review.

This court's jurisdiction to review arbitrator's deci-
sions is limited to matters that fall within the provisions
of 5 U.S.C. § 4303 and § 7512. 5 U.S.C. § 7121. Leicht-
man's three-day suspension and related attorney fees
claim are not covered under § 7512 or § 4303. Therefore,
Leichtman may not seek review of the arbitrator's deci-
sion in this court.

Accordingly,
IT IS ORDERED THAT:

(1) The motion to reform the caption is denied.

(2) The Department's motions are granted. The peti-
tion for review is dismissed for lack of jurisdiction.

(3) Each side shall bear its own costs.

FOR THE COURT

DEC 0 8 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Lilliam Mendoza-Toro, Esq.
Jacob A. Schunk, Esq.

s20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
DEC 0 8 2010

JAN HORBALY
CLERK