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Dade v. Hawkins

United States District Court, District of Columbia

February 25, 2015

Clarence Edward Dade, Plaintiff,
v.
Brian A. Hawkins, Defendant.

MEMORANDUM OPINION

TANYA S. CHUTKAN, District Judge.

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).

Plaintiff, a resident of Santa Rosa, California, is "a former merit career federal employee" of the Veterans Administration Medical Center's Business Office in the District of Columbia. Compl. at 2. Plaintiff sues the Director of the Medical Center for wrongful termination. Challenging the procedures of his termination, plaintiff alleges, among other wrongs, that "[d]efendant employed a stepwise process purposely intending to usurp [his] basic employment rights[, ]" Compl. at 1, and that his removal "was without cause, lacked due process and [was] wholly unlawful, " id. at 2.

The Civil Service Reform Act ("CSRA") provides the exclusive remedy for adjudicating plaintiff's wrongful termination claim. See Fornaro v. James, 416 F.3d 63, 67 (D.C. Cir. 2005) ("recogniz[ing], in a variety of contexts, the exclusivity of the remedial and review provisions of the CSRA") (citing Spagnola v. Mathis, 859 F.2d 223 (D.C. Cir. 1988) (en banc) (discussing exclusivity of the CSRA to adverse personnel decisions). The CSRA "provides for adjudication of all claims by OPM [the Office of Personnel Management]..., appeal of adverse decisions by OPM to the MSPB [Merit Systems Protection Board]..., and subsequent review of MSPB decisions in the [U.S. Court of Appeals for the] Federal Circuit[.]" Fornaro, 416 F.3d at 66 (citing 5 U.S.C. §§ 8347(b), (d)(1), 7703(b)(1), 28 U.S.C. § 1295(a)(9)). Plaintiff has no recourse in this Court. Consequently, this case will be dismissed without prejudice.[1] A separate Order accompanies this Memorandum Opinion.


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