Lapastora v. Employing Agency

Federal Circuit

Lapastora v. Employing Agency

8 F. App'x 934

CourtCourt of Appeals for the Federal Circuit

DecidedApril 23, 2001

DocketNo. 01-1207

StatusPublished

This text of 8 F. App'x 934 (Lapastora v. Employing Agency) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lapastora v. Employing Agency, 8 F. App'x 934 (Fed. Cir. 2001).

Pincite

Opinion

ON MOTION

LINN, Circuit Judge.

ORDER

The Employing Agency et al. move to transfer Nestor T. LaPastora’s appeal to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631. The Employing Agency also moves to stay the briefing schedule pending resolution of its motion to transfer.

LaPastora appeals a decision by the United States District Court for the Northern District of Texas dismissing LaPastora’s complaint for failure to exhaust his administrative remedies. The district court construed LaPastora’s claims as falling under the Rehabilitation Act. Thus, jurisdiction over LaPastora’s appeal lies in the appropriate regional court of appeals. See 28 U.S.C. § 1291; 5 U.S.C. § 7703(b).

Accordingly.

IT IS ORDERED THAT:

(1) The motion to transfer is granted.

(2) The motion to stay the briefing schedule is moot.

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