Not overruled or negatively treated on appealinfoCoverage
United States Court of Appeals, Federal CircuitJun 7, 2007
236 Fed. Appx. 619 (Fed. Cir. 2007)

No. 2007-3086.

June 7, 2007.

Appealed from United States Merit Systems Protection Board.

Carl G. Mueller, of Big Bear Lake, CA, prose.

Raymond W. Angelo, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were B. Chad Bungard, General Counsel; Rosa M. Koppel, Deputy General Counsel; and Stephanie M. Conley, Acting Associate General Counsel.

Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Carl G. Mueller appeals the Merit Systems Protection Board's final decision, which dismissed his appeal for lack of jurisdiction. Mueller v. Dep't of Agric., SF-0752-06-0777-1-1, 104 M.S.P.R. 443 (MSPB Dec. 14, 2006). We affirm.

The board's jurisdiction is limited to appeals by federal employees or applicants for federal employment. As a participant serving the Forest Service in the Senior Community Service Employment Program, Mueller does not fall into either of those categories. 42 U.S.C. § 3056b(a). In addition, the record shows that he was provided documents during his orientation explaining that he was not a Forest Service employee. Accordingly, the board properly dismissed the appeal for lack of jurisdiction.

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