Jessie I. Etelson, Petitioner, v. Office of Personnel Management, Respondent, 878 F.2d 1447 (Fed. Cir. 1989)

Jessie I. Etelson petitions for review of a decision of the Merit Systems Protection Board in Docket No. DC34438710376-1 dismissing his appeal challenging the validity of the Office of Personnel Management examination for Administrative Law Judges. We affirm.

OPINION

Section 1205(g) of Title 5 provides: "The Board shall not issue advisory opinions." 5 U.S.C. § 1205(g) (1982). Although petitioner attempts to cast the matter in a different light, we agree with respondent that what petitioner is really seeking in this case is an advisory opinion from us or from the Board. The statute says he cannot have it. Ashcroft v. Mattis, 431 U.S. 171 (1977) (holding that " [f]or a declaratory judgment to issue, there must be a dispute which 'calls, not for an advisory opinion upon a hypothetical basis, but for an adjudication of present right upon established facts' " (citations omitted)).