Earl Heller v. U.S. Office of Personnel Mgmt, No. 11-51058 (5th Cir. 2012)

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Case: 11-51058 Document: 00511754311 Page: 1 Date Filed: 02/10/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED February 10, 2012 No. 11-51058 Summary Calendar Lyle W. Cayce Clerk EARL ROBERT HELLER, Plaintiff - Appellant v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, Defendant - Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CV-358 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* The district court dismissed the complaint because it was not filed within the 30 days after receiving notice of the reviewable order of the Merit System Protection Board. In this appeal Mr. Heller does not contest or object to that ruling and judgment of the district court. It must be affirmed. AFFIRMED * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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