Michael J. Bruning, Petitioner, v. Veterans Administration, Respondent, 861 F.2d 728 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 861 F.2d 728 (Fed. Cir. 1988) Sept. 19, 1988

Before BISSELL, ARCHER, and MICHEL, Circuit Judges.



The final decision of the Merit Systems Protection Board, Docket No. BN531D86A0011-1 (Dec. 11, 1987), denying the attorney fees request of Michael J. Bruning, is affirmed.


In his attorney fees motion, Bruning alleged unspecified prohibited personnel practices and procedural error as the basis for the award of fees. However, in that motion he did not cite to any document or other evidence to support his allegations. Regardless of whether Bruning actually submitted the 110 exhibits to the Board, he clearly failed to raise with specificity the agency actions meeting the criteria of the Allen v. United States Postal Service, 2 M.S.P.R. 420, 436 (1980), categories or to direct the Board's attention in his motion papers to any evidence supporting the grounds asserted--prohibited personnel practices and procedural error. The Board is not required to wade through the entire record to determine if the evidence demonstrates any basis for granting attorney fees. Thus, Bruning failed to carry his burden of establishing entitlement to attorney fees.