Morris L. Shaller, Plaintiff-appellant, v. the United States, Defendant-appellee, 954 F.2d 734 (Fed. Cir. 1992)

Morris L. Shaller appeals from the April 23, 1991 Order of the United States Claims Court, No. 91-1088C, dismissing his complaint for lack of jurisdiction. We affirm on the basis of said Order, attached as an Appendix.

APPENDIX

In the United States Claims Court

No. 91-1088C

(Filed April 23, 1991)

MORRIS L. SHALLER, Pro Se, Plaintiff,

v.

THE UNITED STATES, Defendant.

ORDER

This case is before the court on plaintiff's pro se complaint filed on April 16, 1991 under RUSCC 27.

Plaintiff seeks damages for injuries, namely, "headaches, dizziness, and eyestrain" which he allegedly sustained while a civil service employee in the United States Army. The court's jurisdiction is statutorily conferred by the Tucker Act, 28 U.S.C. § 1491. In pertinent part, § 1491 states:

The United States Claims Court shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

Plaintiff's claim for physical injury sustained at his workplace sounds in tort, and, therefore, the court lacks jurisdiction over this portion of plaintiff's complaint. In addition, any claim for worker's compensation is outside the province of this court's jurisdiction. Rogers v. United States, 15 Cl.Ct. 692, 698 (1988).

Plaintiff also seeks reinstatement to his former position with the United States Army. Since plaintiff appeals from an allegedly wrongful discharge, his claim is governed by the Civil Service Reform Act of 1978, 5 U.S.C. § 7101, and is reviewable, if at all, by the Merit Systems Protection Board. 5 U.S.C. §§ 7512-13, 7701. Fausto v. United States, 484 U.S. 439 (1988). This court lacks jurisdiction to entertain an action appealable to the Merit Systems Protection Board. McClary v. United States, 775 F.2d 280 (Fed. Cir. 1985).

Conclusion

For the foregoing reasons, the court lacks jurisdiction to entertain plaintiff's complaint. The Clerk is, therefore, directed to dismiss the complaint. No costs.

IT IS SO ORDERED.

/s/BOHDAN A. FUTEY

/s/Judge