Billy E. Harris, Petitioner, v. Department of Justice, Respondent, 878 F.2d 1444 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1444 (Fed. Cir. 1989) May 4, 1989

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

MARKEY, Chief Judge.


DECISION

Billy E. Harris (Harris) appeals from a Merit Systems Protection Board (board), No. SF07528810596, dismissal for lack of jurisdiction. We affirm.

OPINION

The board considered evidence of coercion and determined that Harris's resignation was voluntary. We cannot say that credibility determination is unsupported by substantial evidence. Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). A voluntary resignation is not appealable to the board. See 5 U.S.C. § 7701(a).

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