Plato v. Merit Systems Protection Board

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
04-3246
ARISTIDES PLATO,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
DECIDED: March 11, 2005
__________________________
Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit
Judge.
PER CURIAM.
Aristides Plato (“Plato”) appeals the decision of the Merit Systems Protection
Board dismissing his petition for lack of jurisdiction. Plato v. Merit Sys. Prot. Bd., DC-
0831-02-0672-I-1 (MSPB July 7, 2002). We affirm.
The board issued a show cause order to Plato requesting that he provide proof
that the Office of Personnel Management (“OPM”) had issued a final decision in his
case, a prerequisite to board jurisdiction. See 5 U.S.C. § 8347(d)(1) (2000); 5 C.F.R.
§§ 831.109 to .110 (2004). Plato did not respond to this order and failed otherwise to
offer proof that OPM had issued a final decision. See Minor v. Merit Sys. Prot. Bd., 819
F.2d 280, 282 (Fed. Cir. 1987) (noting that petitioner has the burden of showing
jurisdiction). Therefore, the board was correct to dismiss Plato’s case for lack of
jurisdiction.
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