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Cheris v. Clinton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 29, 2010

EDDIE CHERIS, PLAINTIFF,
v.
HILLARY RODHAM CLINTON, DEFENDANT.

The opinion of the court was delivered by: James Robertson United States District Judge

MEMORANDUM

Defendant moves to dismiss this employment action for lack of subject matter jurisdiction and because it has been adjudicated before here and in the Eastern District of Virginia. Because the former applies, the Court will not address the latter ground for dismissal. Plaintiff alleges that he was not fairly compensated for his work at the State Department.*fn1 See Compl. at 5-6. His recourse lies exclusively in the remedial scheme of the Civil Service Reform Act of 1978, which requires adjudication of such claims by the Office of Personnel Management, appeal to the Merit Systems Protection Board and judicial review by the U.S. Court of Appeals for the Federal Circuit. Fornaro v. James, 416 F.3d 63, 66 (D.C. Cir. 2005). A separate order of dismissal accompanies this Memorandum.


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