BEST v. ADJUTANT GENERAL, FLORIDA,

No. 04-10438.

400 F.3d 889 (2005)

David M. BEST, Plaintiff-Appellant, v. ADJUTANT GENERAL, STATE OF FLORIDA, DEPARTMENT OF MILITARY AFFAIRS, Secretary of the Air Force, Chief, National Guard Bureau, United States of America, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 18, 2005.


Attorney(s) appearing for the Case

Daniel M. Schember, Gaffney & Schember, P.A., Washington, DC, for Plaintiff-Appellant.

Howard S. Scher, William Kanter, App. Staff, Civ. Div., Dept. of Justice, Washington, DC, for Defendants-Appellees.

Before ANDERSON, DUBINA and BLACK, Circuit Judges.


BLACK, Circuit Judge:

Appellant David Best challenges the district court's dismissal of his complaint seeking review under the Administrative Procedure Act (APA) of his removal from his civilian technician position with the Florida Air National Guard (FLANG).1 We conclude review of Best's removal is precluded by the Civil Service Reform Act (CSRA) and affirm.

I. BACKGROUND

Best was employed full-time by FLANG as a federal...

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