Archer v. Napolitano ( 2010 )

FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NOV 2 3 2010
Clerk, U.S. District & Bankruptcy
) Courts for the District of Columbia
Phyllis J. Archer, )
)
Plaintiff, )
)
v. ) Civil Action No. 10 200·6
)
Janet Napolitano, )
)
Defendant. )
)
MEMORANDUM OPINION
This matter is before the Court on plaintiff s pro se complaint and application to proceed
in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint for lack
of subject matter jurisdiction.
Plaintiff, a resident of Arlington, Virginia, alleges that the Department of Homeland
Security "wrongfully terminated" her because she failed "to pay the agency Citibank credit
card[.]" Compl. at 1. Her recourse lies exclusively in the remedial scheme of the Civil Service
Reform Act of 1978, which requires adjudication of such claims by the Office of Personnel
Management, appeal to the Merit Systems Protection Board and judicial review by the U.S.
Court of Appeals for the Federal Circuit. Fornaro v. James, 416 F.3d 63,66 (D.C. Cir. 2005).1
A separate Order of dismissal accompanies this Memorandum Opinion.
Date: November 2-0,2010
I Although plaintiff mentions the Equal Employment Opportunity Commission, she does
not allege any facts to support a discrimination claim under Title VII of the Civil Rights Act of
1964,42 U.S.c. §§ 2000e et seq.