Leon Thompson, Jr. v. Merit Systems Protection Board

LINN, Circuit Judge.

Leon Thompson, Jr. (“Thompson”) seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal for lack of jurisdiction. See Thompson v. Dep’t of Homeland Sec., No. SF-3443-05-0034-I-1, 98 M.S.P.R. 322, 2005 WL 578234 (M.S.P.B. March 3, 2005) (“Final Decision”). Because the Board correctly concluded that Thompson was neither an “employee” nor an “applicant for employment” under 5 U.S.C. § 7701, we affirm the Board’s dismissal of his appeal for lack of jurisdiction.

BACKGROUND

Thompson was employed as a senior network administrator by…