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WHITE v. OFFICE OF PERSONNEL MGMT.

October 9, 1986

Alan J. White, Plaintiff
v.
Office Of Personnel Management, and Constance Horner, as Director, Office of Personnel Management, and Craig B. Pittibone, As Assistant Director for Administrative Law Judges, Staffing Group Office of Personnel Management, Defendants


Robinson, C.J.


The opinion of the court was delivered by: ROBINSON, JR.

ROBINSON, C.J.

 This matter comes before the Court on the Motion of Defendant Office of Personnel Management to dismiss or in the alternative for summary judgment. *fn1" Upon consideration of the motion, to which there was no opposition, this Court shall dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6).

 This case is one of an "interlocking series of cases" (that) "has gone on far too long." White v. Office of Personnel Management, 787 F.2d 660, 666, 252 U.S. App. D.C. 104 (1986). In this case, Plaintiff claims that Defendant intentionally and willfully violated the Privacy Act in its handling of his application to be an Administrative Law Judge. Basically, Plaintiff claims that Defendant erroneously refused to consider several of his recommendations until after he won an administrative appeal. By the time the appeal was decided, the applicant pool had changed and Plaintiff's relative position in the pool was not what it would have been had Defendant considered his recommendations initially. It is Plaintiff's contention that this appeal process and subsequent change of his score indicates a willful and intentional violation of the Privacy Act.

 An appropriate Order accompanies this Memorandum.

 ORDER

 It is by the Court this 9th day of October, 1986,

 ORDERED, that Defendant's Motion to Dismiss is GRANTED; and it is

 FURTHER ORDERED, that Plaintiff's Motion for Leave to File Amended Complaint, to Strike Affidavit, to Compel Discovery, and for ...


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