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CHADWELL v. MERIT SYSTEMS PROTECTION BD.

No. 2009-3302.

629 F.3d 1306 (2010)

Kurt CHADWELL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Office of Personnel Management, Intervenor.

United States Court of Appeals, Federal Circuit.

December 16, 2010.

Attorney(s) appearing for the Case

Paul B. Eaglin , Eaglin Law Office, of Fairbanks, AK, argued for petitioner.

Stephanie M. Conley , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Brian M. Simkin , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Bryant G. Snee , Deputy Director, and Michael N. O'Connell, Jr. , Trial Attorney.

Before LOURIE, LINN, and PROST, Circuit Judges.

PROST, Circuit Judge.

Petitioner Kurt Chadwell petitions for review of the final decision of the Merit Systems Protection Board ("Board"), which dismissed his September 15, 2008 appeal for lack of jurisdiction. Mr. Chadwell challenged the Office of Personnel Management's ("OPM's") August 14, 2008 notice that it would not review or process his 2008 application for an administrative law judge ("ALJ") position because one year had not passed since the date he received...

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