NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2008-3147
DEAN J. BALOURIS,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.
Petition for review of the Merit Systems Protection Board
in PH0752060495-I-1.
ON MOTION
Before PROST, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit
Judge.
PROST, Circuit Judge.
ORDER
Dean J. Balouris moves (1) for a stay, pending review in this court, of the Merit
Systems Protection Board’s January 4, 2008 order that modified the Administrative
Judge’s initial decision and (2) for an order to reinstate Balouris or pay him his salary
pending disposition of this petition for review.
The Administrative Judge mitigated the agency's removal of Balouris to a 60-day
suspension. On review, the Board modified the decision to sustain the removal.
Balouris states that the agency employed Balouris for a period after the Administrative
Judge’s initial decision but that the agency removed him after the Board's January 4
order.
In his motion, Balouris states that he is suffering extreme and undue hardship
because of his removal. Specifically, Balouris states that his removal from his job is a
great financial burden. However, in Sampson v. Murray, 415 U.S. 61, 89-92 (1974), the
Supreme Court held that loss of federal employment and earnings is not an irreparable
harm warranting interim relief because adequate compensatory or other corrective relief
could be available at a later date.
Absent a showing of irreparable harm, Balouris must show a strong likelihood of
success on the merits to be entitled to a stay, or interim relief, pending review. See
Standard Havens Products v. Gencor Indus., 897 F.2d 511, 512 (Fed. Cir. 1990) (this
court considers whether a movant has made a strong showing that he is likely to
succeed on the merits, whether the movant will be irreparably injured absent a stay,
whether issuance of the stay will substantially injure the other side, and where the public
interest lies). See also Hilton v. Braunskill, 481 U.S. 770, 779 (1987) (to obtain a stay, a
movant must establish a strong likelihood on the merits or, failing that, nonetheless
demonstrate a substantial case on the merits provided that the harm factors militate in
his favor). In his motion, Balouris does not establish a strong likelihood of success on
the merits.
Accordingly,
IT IS ORDERED THAT:
2008-3147 -2-
Balouris’s motion is denied.
FOR THE COURT
March 6, 2008 /s/ Sharon Prost
Date Sharon Prost
Circuit Judge
cc: Christo J. Balouris, Esq.
Jeanne E. Davidson, Esq.
s20
2008-3147 -3-