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Williams v. Office of Personnel Management

United States District Court, District of Columbia

October 17, 2013

Terry Williams, Plaintiff,
v.
Office of Personnel Management et al., Defendants

Decided September 26, 2013.

TERRY WILLIAMS, Plaintiff, Pro se, Norfolk, VA.

OPINION

Robert L. Wilkins, United States District Judge.

MEMORANDUM OPINION

This matter is before the Court on plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's in forma pauperis application and will dismiss the case for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(h)(3) (requiring dismissal "at any time" jurisdiction is found wanting).

Page 154

Plaintiff, a resident of Norfolk, Virginia, sues the Office of Personnel Management (" OPM" ) and the Merit Systems Protection Board (" MSPB" ). She seeks judicial review of a final order of the MSPB, affirming OPM's denial of survivor annuity benefits. Compl. at 1. The Civil Service Retirement Act, 5 U.S.C. § § 8331 et seq., provides the exclusive remedy for adjudicating plaintiff's claim. Fornaro v. James, 416 F.3d 63, 66, 367 U.S.App. D.C. 401 (D.C. Cir. 2005). " That regime provides for adjudication of all claims by OPM, 5 U.S.C. § 8347(b), appeal of adverse decisions by OPM to the MSPB, id. § 8347(d)(1), and subsequent review of MSPB decisions in the Federal Circuit, id. § 7703(b)(1); 28 U.S.C. § 1295(a)(9)." Id. A separate Order of dismissal accompanies this Memorandum Opinion.


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