Michael Harlston, Sr. v. Office of Personnel Management

U.S. Court of Appeals for the Eighth Circuit
Michael Harlston, Sr. v. Office of Personnel Management, 417 F. App'x 596 (8th Cir. 2011)

Michael Harlston, Sr. v. Office of Personnel Management

Opinion

PER CURIAM.

After Michael Harlston filed a complaint alleging that he was wrongfully denied disability retirement benefits under the Civil Service Retirement System, the district court 1 dismissed his suit for lack of subject matter jurisdiction, and he appeals. Upon de novo review, see LeMay v. U.S. Postal Serv., 450 F.3d 797, 799 (8th Cir. 2006), we agree with the district court that it lacked subject matter jurisdiction, because Harlston’s exclusive remedy was to exhaust his administrative remedies before the Office of Personnel Management and Merit Systems Protection Board, and then to seek review in the United States Court of Appeals for the Federal Circuit and thereafter in the United States Supreme Court. Accordingly, we affirm the dismissal. See 8th Cir. R. 47B. We also deny the pending motion for a stay.

1

. The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
Michael W. HARLSTON, Sr., Appellant, v. OFFICE OF PERSONNEL MANAGEMENT; Merit Systems Protection Board, Appellees
Status
Unpublished