Abou-Hussein v. Mabus

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that \[n]o private cause of action is recognized under [ 18 U.S.C. § 1513 ]\
• comparing 5 U.S.C. § 1221 (providing that “[a] final order or decision shall be rendered by the [MSPB on WPA claims] as soon as practicable”), with § 7702(a)(1
• rejecting the argument that when the employment records were stored in a cloud environment, without a physical address, venue was established under the employment records prong in a district from which the records were accessible electronically
• dismissing plaintiff’s whistleblower claims for want of subject matter jurisdiction because plaintiff did not pursue a mixed case appeal before the MSPB and holding that “this Court, and indeed, any federal district court, lacks subject matter jurisdiction over it”
• “[T]o the extent that the plaintiff intends to raise a claim pursuant to [18 U.S.C.] § 1513, such a claim cannot be maintained.”
• “[I]n order to bring a mixed case appeal before the MSPB, . . . a plaintiff must allege that the defendant has taken one of the five [types of employment actions] against him and that ‘a basis for the action was discrimination’ in violation of Title VII.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).