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DIGGS v. DEPT. OF HOUSING AND URBAN DEVELOPMENT

No. 2010-3193.

670 F.3d 1353 (2011)

Marisa E. DIGGS, Petitioner, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 1, 2011.

Attorney(s) appearing for the Case

Marisa E. Diggs , of Washington, DC, pro se.

Katy M. Bartelma , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel was Matthew H. Solomson , Trial Attorney.

Before DYK, MOORE, and O'MALLEY, Circuit Judges.

PER CURIAM.

Marisa E. Diggs petitions for review of the final decision of the Merit Systems Protection Board (the "Board") affirming Ms. Diggs's removal from the Department of Housing and Urban Development (the "agency") for misconduct. Diggs v. Dep't of Hous. & Urban Dev., 2010 MSPB 151, 114 M.S.P.R. 464 (2010). Because Ms. Diggs's petition presents a "mixed case" involving a claim of discrimination, we dismiss for lack of jurisdiction.

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