Unpublished Dispositiondennis Clements, Petitioner, v. Merit Systems Protection Board, Respondent, 824 F.2d 977 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 824 F.2d 977 (Fed. Cir. 1987) April 17, 1987

Before NIES, Circuit Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

PER CURIAM.


DECISION

Dennis Clements seeks review of the final decision of the Merit Systems Protection Board, Case No. DA07528410464, dismissing his appeal of the U.S. Postal Service's decision to remove him from his position as a Letter Carrier. We affirm.

OPINION

Under the doctrine of res judicata, a judgment on the merits in a prior suit bars a second suit involving the same parties or their privies based on the same claim. See Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n. 5 (1979). The board properly held that Clements' claim against the agency with respect to his removal has been fully litigated, see Clements v. United States Postal Service, No. MO-85-CA-052 (W.D. Tex. Jan. 2, 1986, amended Jan. 17, 1986), and that, therefore, Clements is not entitled to relitigate his claim. See Spears v. Merit Sys. Protection Bd., 766 F.2d 520, 523 (Fed. Cir. 1985).