Don Edgar Burris, Petitioner, v. Social Security Administration, Department of Health Andhuman Services, Respondent, 878 F.2d 1445 (Fed. Cir. 1989)

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U.S. Court of Appeals for the Federal Circuit - 878 F.2d 1445 (Fed. Cir. 1989) May 11, 1989

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.

PER CURIAM.


DECISION

The order of the Merit Systems Protection Board (board), 39 M.S.P.R. 51 (1988), authorizing removal of administrative law judge Don Edgar Burris for, inter alia, "insubordination, disruption and unprofessional actions amounting to open contempt and defiance of administrative authority" and "malicious use of HHS grievance procedures," is affirmed.

OPINION

Burris' scattershot attack on the agency and the administrative law judge fails to convince us that the board's order is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982); see Brennan v. Social Security Administration, 787 F.2d 1559, 1563 (Fed. Cir. 1986), cert. denied, 107 S. Ct. 573 (1986). We therefore affirm that order.

We also deny Burris' motion to transfer. Burris presented no specific claim of discrimination and no evidence supporting his generalized assertions. See Meehan v. United States Postal Service, 718 F.2d 1069, 1073 (Fed. Cir. 1983).

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