Jeffrey Plaskett v. Christine Wormuth

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY K. PLASKETT, No. 19-17294 Plaintiff-Appellant, D.C. No. v. 5:18-cv-06466-

EJD

CHRISTINE WORMUTH, Secretary, U.S. Department of the Army, Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted January 15, 2021 San Francisco, California

Filed November 19, 2021

Before: Mary M. Schroeder, Ryan D. Nelson, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins; Concurrence by Judge Schroeder SUMMARY *

Mandamus Act / Jurisdiction

The panel affirmed the district court’s judgment dismissing for lack of jurisdiction plaintiff’s action against the Secretary of the U.S. Department of the Army under the Mandamus Act and the Administrative Procedure Act (“APA”) seeking payment of additional claimed backpay and a sanctions award.

Regardless of whether plaintiff’s claim was viewed as one under the Mandamus Act, 28 U.S.C. § 1361, or under the APA, 5 U.S.C. § 706(1), plaintiff was required to plead, inter…