Gallik

MEMORANDUM **

The sole issue on appeal is whether the district court properly found that Gallik’s complaint rested solely on allegations of whistleblowing retaliation.

The jointly-filed Report of Parties’ Planning Meeting states that “[t]here is no dispute by the parties that [Gallik’s] claims are solely grounded in allegations of whist-leblowing.” Similarly, the parties’ joint brief regarding the government’s motion to dismiss stipulates that Gallik’s case “turns on allegations of whistleblowing,” and expressly states that Gallik’s complaint does not “come within the definition of ‘mixed cases.’ ”

Gallik argues that the complaint’s references to the Administrative Procedures Act (“APA”), 5 U.S.C. § 551 , et seq., provide a non-whistleblowing component to her cause of action. To the contrary, it is clear from the complaint that Gallik was attempting to argue that the APA provided an independent basis for subject matter jurisdiction over her retaliation claim. This passing reference to the APA thus does not remedy the absence of non-retaliation claims in Gallik’s complaint.

To the extent that Gallik’s appeal seeks to raise non-retaliation claims that were not raised with the…