Albert E. BIVINGS, Petitioner, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent

FRIEDMAN, Senior Circuit Judge.

This case presents a question of first impression involving an appeal to the Merit Systems Protection Board (“Board”) by someone who worked for a state entity, which directed and paid him, but also simultaneously was a federal employee. His state employment was a condition of his federal position. The state terminated his employment, which resulted in the termination of his federal employment. He appealed his federal termination to the Board, which dismissed his appeal for failure to state a claim upon which relief could be granted. We affirm.

I

The appellant Dr.…