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[NOT FOR PUBLICATION]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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