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STEPHENS v. MERIT SYSTEMS PROTECTION BD.

No. 92-3292.

986 F.2d 493 (1993)

Theodore STEPHENS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Department of Health and Human Services, Intervenor.

United States Court of Appeals, Federal Circuit.

February 19, 1993.

Attorney(s) appearing for the Case

William Luke England, Jr., Brooks & England, Washington, DC, argued for petitioner. With him on the brief was Clifford A. Brooks.

Michael K. Martin, Merit Systems Protection Bd., Washington, DC, argued for respondent. With him on the brief were Mary L. Jennings and Martha B. Schneider.

Gerald M. Alexander, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for intervenor. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Peterson, Asst. Director; Sharon Y. Eubanks, of counsel. Also on the brief was Dan Edelman, Atty., Dept. of Health and Human Services, of counsel.

Before MICHEL, Circuit Judge, COWEN, Senior Circuit Judge, and RADER, Circuit Judge.

MICHEL, Circuit Judge.

Theodore Stephens (petitioner), an Administrative Law Judge (ALJ), appeals from a decision of the Merit Systems Protection Board (Board), which dismissed his complaint for lack of subject matter jurisdiction. In re Stephens, 52 M.S.P.R. 522 (1992). The Board held that it lacked jurisdiction because Stephens failed to show that the program and course of instruction which his agency required him to attend impaired his decisional independence...

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