Dow v. General Services Administration

FRIEDMAN, Circuit Judge.

The petitioner, Larry M. Dow, appeals the decision of the Merit Systems Protection Board (“Board”) dismissing, for lack of jurisdiction, his challenge to the General Services Administration (“Administration”)^ refusal to hire him. We affirm that ruling. We also reject the government’s contention that this case is moot, and deny the government’s motion to remand the case to the Board to make findings relating to the mootness issue.

I

A. While complex, the facts involved in the Administration’s failure to hire Dow are undisputed. In May 2000, the Administration issued two…