Thomas Sakievich, Appellant v. United States of America, Appellee

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United States Court of Appeals, District of Columbia Circuit.

Thomas Sakievich, Appellant v. United States of America, Appellee

No. 16-5072

Decided: September 22, 2016

BEFORE: Brown, Griffith, and Pillard, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance, the opposition thereto, and the reply; and the motion for summary reversal, the opposition thereto, and the reply, it is

ORDERED that the motions for summary disposition be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is

FURTHER ORDERED that, while not otherwise limited, the parties are directed to address in their briefs the question whether a court may dismiss under 10 U.S.C. ยง 1558(f) a claim brought under the Administrative Procedure Act seeking only to set aside and remand a decision of the Board for Correction of Naval Records, which is itself not a selection board.

Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.

Per Curiam