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MORGAN v. DEPARTMENT OF ENERGY

No. 04-3400.

424 F.3d 1271 (2005)

Charles G. MORGAN, Petitioner, v. DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, Federal Circuit.

September 27, 2005.

Attorney(s) appearing for the Case

Richard Segerblom, of Las Vegas, Nevada, argued for petitioner.

J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel was Mark A. Melnick, Assistant Director.

Before NEWMAN, CLEVENGER and GAJARSA, Circuit Judges.

CLEVENGER, Circuit Judge.

Charles G. Morgan ("Mr.Morgan") seeks review of the final decision of the Merit Systems Protection Board ("Board") dismissing his Whistleblower Protection Act ("WPA") case for lack of jurisdiction, finding that his disclosures, although deemed protected in a previous adjudication, do not qualify as protected under the current legal standard. See Morgan v. Dep't of Energy, 96 M.S.P.R. 465, 2004 WL 1416648, No. SF1221020082-W-2 (M.S...

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