Mooney v. DOD

September 28, 1993
                    [NOT FOR PUBLICATION]

                UNITED STATES COURT OF APPEALS
                    FOR THE FIRST CIRCUIT
                                        

No. 93-1148

                       JAMES M. MOONEY,

                    Plaintiff, Appellant,

                              v.

         UNITED STATES DEPARTMENT OF DEFENSE, ET AL.,

                    Defendants, Appellees.

                                        

         APPEAL FROM THE UNITED STATES DISTRICT COURT

              FOR THE DISTRICT OF NEW HAMPSHIRE

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

                                        

                            Before

                   Selya, Boudin and Stahl,
                       Circuit Judges.
                                                 

                                        

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

                                        

                                        

          Per Curiam.  Pro  se plaintiff James Mooney appeals
                                          

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
                                                                         

Department of  Defense, et al.,  slip op. 92-2409,  (1st Cir.
                                          

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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