Paden v. Secretary of Veterans Affairs
This text of 117 F. App'x 759 (Paden v. Secretary of Veterans Affairs) 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.
Opinion
ON MOTION
ORDER
The Secretary of Veterans Affairs moves to dismiss Yvonne Paden, R.N.’s petition for review for lack of jurisdiction. Paden concedes that this court does not have jurisdiction over her petition for review and moves to transfer her petition for review to the United States District Court for the District of New Jersey. Paden states that the Secretary “takes no position on this application for transfer.”
Upon being discharged from her nursing position by the Department of Veterans Affairs, Paden sought review by the Disciplinary Appeals Board. The Board dismissed her appeal as untimely and the Acting Deputy Under Secretary for Health accepted the Board’s determination. Paden asserts that she “erroneously]” sought review of this matter in this court. We agree with the parties that review is not appropriate in this forum and conclude that a transfer to the district court is warranted.
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary’s motion to dismiss is denied.
(2) Paden’s motion to transfer is granted.
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Cite This Page — Counsel Stack
117 F. App'x 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paden-v-secretary-of-veterans-affairs-cafc-2004.