Mooney v. DOD

USCA1 Opinion

          September 28, 1993
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT
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          No. 93-1148

            


                                   JAMES M. MOONEY,

                                Plaintiff, Appellant,

                                          v.

                     UNITED STATES DEPARTMENT OF DEFENSE, ET AL.,

                                Defendants, Appellees.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE


                   [Hon. Steven J. McAuliffe, U.S. District Judge]
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                                 ___________________

                                        Before

                               Selya, Boudin and Stahl,
                                   Circuit Judges.
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                                 ___________________

               James M. Mooney on brief pro se.
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               Peter  E.  Papps,  United  States  Attorney,  on  brief  for
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          appellee.



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                      Per Curiam.  Pro  se plaintiff James Mooney appeals
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            the dismissal of his  second complaint concerning his alleged

            wrongful  termination from  employment  by the  Department of

            Defense.  This court affirmed the dismissal of Mooney's first

            complaint in a previous civil action, Mooney v. United States
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            Department of  Defense, et al.,  slip op. 92-2409,  (1st Cir.
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            May  25,  1993).     Inasmuch  as  Mooney  again  essentially

            challenges  the  Merit  Systems  Protection   Board's  action

            upholding his dismissal, the Federal Circuit Court of Appeals

            has exclusive  jurisdiction over  this action under  5 U.S.C.

             7703(a)(1)  and (b)(1).   Accordingly,  the judgment  of the

            district court is affirmed.
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