John Mitchell v. U.S. Department of the Air Force

Ninth Circuit

John Mitchell v. U.S. Department of the Air Force

540 F. App'x 600

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 11, 2013

Docket12-35322

StatusUnpublished

This text of 540 F. App'x 600 (John Mitchell v. U.S. Department of the Air Force) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John Mitchell v. U.S. Department of the Air Force, 540 F. App'x 600 (9th Cir. 2013).

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Opinion

MEMORANDUM *

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 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)(l)(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.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM *

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 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)(l)(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.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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540 F. App'x 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-mitchell-v-us-department-of-the-air-force-ca9-2013.

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