Jesse Hunter v. Linda M. Springer, No. 06-1355 (8th Cir. 2007)
Annotate this CaseCourt Description: Civil case - Civil Service. District court did not err in determining that plaintiff's exclusive remedy for his claims that he was wrongfully denied retirement and health benefits was to exhaust his administrative remedies before the Office of Personnel Management and the Merit Systems Protection Board, and thereafter appeal to the Court of Appeals for the Federal Circuit.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1355 ___________ Jesse Hunter, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Linda M. Springer, Director; Office of * Personnel Management, * [UNPUBLISHED] * Appellees. * ___________ Submitted: February 7, 2007 Filed: February 14, 2007 ___________ Before COLLOTON, HANSEN, and BENTON, Circuit Judges. ___________ PER CURIAM. Jesse Hunter appeals the district court s1 dismissal of his suit for lack of subject matter jurisdiction. Hunter alleged that he was a government employee wrongfully denied retirement and health benefits under the Civil Service Retirement System (CSRS). Upon de novo review, see Green Acres Enters., Inc. v. United States, 418 F.3d 852, 856 (8th Cir. 2005), we agree with the district court that his exclusive remedy was to exhaust his administrative remedies before the Office of Personnel 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. Management (OPM) and the Merit Systems Protection Board (MSPB), and thereafter appeal to the Court of Appeals for the Federal Circuit. See 5 U.S.C. §§ 8347(c) (OPM is vested with authority to consider all CSRS disability claims; appeals of adverse decisions are heard by MSPB), 7703(b)(1) (petitions for review of MSPB decisions must be filed in Federal Circuit); 28 U.S.C. § 1295(a)(9) (Federal Circuit has exclusive jurisdiction to review final orders and decisions of MSPB); Lindahl v. Office of Pers. Mgmt., 470 U.S. 768, 792 (1985) ( Sections 1295(a)(9) and 7703(b)(1) together appear to provide for exclusive jurisdiction over MSPB decisions in the Federal Circuit, and do not admit any exceptions for disability retirement claims. ). Accordingly, the district court was correct that it lacked jurisdiction over Hunter s claims, and we affirm the dismissal. See 8th Cir. R. 47B. ______________________________ -2-
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