Kelvin B. Holmes, Petitioner, v. United States Postal Service, Respondent, 897 F.2d 539 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 897 F.2d 539 (Fed. Cir. 1990) Feb. 15, 1990

Before RICH, Circuit Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.

PER CURIAM.


DECISION

Kelvin B. Holmes appeals from the April 25, 1989 Initial Decision of the Administrative Judge (AJ) in Docket No. CH07528910203, which became the final decision of the Merit Systems Protection Board (MSPB) when the MSPB declined review on August 9, 1989. We affirm.

OPINION

Holmes entered into a settlement agreement whereby the Postal Service cancelled its removal decision in return for Holmes' resignation. If Holmes wishes to attack that settlement agreement, he faces a heavy burden of showing that the agreement is "tainted with invalidity." Asberry v. United States Postal Service, 692 F.2d 1378, 1380 (Fed. Cir. 1982). In fact, Mr. Holmes' brief before this court does not even mention the settlement agreement, much less argue for its invalidity. Therefore, the agreement remains in effect.

Since the settlement agreement provides that the Postal Service would cancel its removal decision in return for Holmes' resignation, there no longer exists any removal action over which the MSPB can exercise jurisdiction. Asberry, 692 F.2d at 1380. Therefore, the AJ properly dismissed Mr. Holmes' complaint.