United States Federal Circuit

The Merit Systems Protection Board correctly dismissed plaintiff's appeal for lack of jurisdiction where he successfully bid for a position at a lower grade, then claimed that his assignment to the lower position was involuntary and that he has been subjected to a demotion that is appealable to the Board.

Appellate Information

• Decided 09/22/2003
• Published 09/22/2003

Judges

• DYK, Circuit Judge., Before MICHEL, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael J. Marcino, of West Palm Beach, Florida, pro se.


• For Appellees:
  
• Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   On the brief were David M. Cohen, Director;  Franklin E. White, Jr., Assistant Director;  and Kathleen A. Kohl, Attorney.