U.S. Court of Appeals for the Fifth Circuit

Mullen v. Mullin

September 3, 2026

Summary

The Fifth Circuit affirmed the district court’s dismissal of Mullen’s claims, remanding the suspension and revocation claims for dismissal without prejudice and affirming the dismissal of his raise‑of‑grade claims with prejudice. The court held it lacked subject‑matter jurisdiction over the S&R claims because no final agency action had occurred, and it found the district court had jurisdiction over the raise‑of‑grade claims but agreed with the merits dismissal.