Elbert Hicks, Petitioner, v. United States Postal Service, Respondent, 852 F.2d 1293 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 852 F.2d 1293 (Fed. Cir. 1988)

June 13, 1988

Before MARKEY, Chief Judge, RICH and PAULINE NEWMAN, Circuit Judges.



The final decision of the Merit Systems Protection Board (board), No. DC34438710343, dismissing Elbert Hicks' appeal for lack of jurisdiction, is affirmed.


The board's jurisdiction is limited to those areas specifically granted by statute or regulation. Manning v. Merit Sys. Protection Bd., 742 F.2d 1424, 1426 (Fed. Cir. 1984); 5 U.S.C. § 7701(a); 5 C.F.R. Sec. 1201.3(a). Mr. Hicks has cited no law, rule or regulation that would give the board jurisdiction over Hicks' claims concerning his personnel folder and benefits, and we are aware of none. Nor does Hicks' assertion of discrimination, without more, give the board jurisdiction, for the board may consider allegations of discrimination only in actions otherwise appealable to it. 5 C.F.R. Sec. 1201.151(a) (1). Accordingly, we affirm on the basis of the board's opinion dismissing Hicks' appeal. See Manning, 742 F.2d at 1429.