
USCA1 Opinion

	




          September 28, 1993                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 93-1148                                               JAMES M. MOONEY,                                Plaintiff, Appellant,                                          v.                     UNITED STATES DEPARTMENT OF DEFENSE, ET AL.,                                Defendants, Appellees.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                   [Hon. Steven J. McAuliffe, U.S. District Judge]                                              ___________________                                 ___________________                                        Before                               Selya, Boudin and Stahl,                                   Circuit Judges.                                   ______________                                 ___________________               James M. Mooney on brief pro se.               _______________               Peter  E.  Papps,  United  States  Attorney,  on  brief  for               ________________          appellee.                                  __________________                                  __________________                      Per Curiam.  Pro  se plaintiff James Mooney appeals                      __________   ___  __            the dismissal of his  second complaint concerning his alleged            wrongful  termination from  employment  by the  Department of            Defense.  This court affirmed the dismissal of Mooney's first            complaint in a previous civil action, Mooney v. United States                                                  ______    _____________            Department of  Defense, et al.,  slip op. 92-2409,  (1st Cir.            ______________________________            May  25,  1993).     Inasmuch  as  Mooney  again  essentially            challenges  the  Merit  Systems  Protection   Board's  action            upholding his dismissal, the Federal Circuit Court of Appeals            has exclusive  jurisdiction over  this action under  5 U.S.C.             7703(a)(1)  and (b)(1).   Accordingly,  the judgment  of the            district court is affirmed.                                    _________                                         -2-                                          2
