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MOUTON-MILLER v. MERIT SYSTEMS PROTECTION BD.

2020-1266.

985 F.3d 864 (2021)

Deborah N. MOUTON-MILLER, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent. Department of Homeland Security, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: January 19, 2021.

Attorney(s) appearing for the Case

Danielle B. Obiorah , Obiorah Fields, LLC, Jonesboro, GA, for petitioner.

Calvin M. Morrow , Office of General Counsel, United States Merit Systems Protection Board, Washington, DC, for respondent. Also represented by Katherine Michelle Smith , Tristan L. Leavitt .

Sonia W. Murphy , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for intervenor. Also represented by Jeffrey B. Clark , Tara K. Hogan , Robert Edward Kirschman, Jr.

Before Prost, Chief Judge, Taranto and Chen, Circuit Judges.

Deborah Mouton-Miller was promoted from her supervisory position at the United States Postal Service to a different supervisory position at the Department of Homeland Security, subject to a one-year probationary period. After less than a year, Homeland Security informed Ms. Mouton-Miller that her performance had been unsatisfactory...

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