Wise v. United States

OPINION

MARGOLIS, Judge.

This federal employee back pay case is before the court on defendant’s motion to dismiss for lack of jurisdiction and for failure to state a claim, and on plaintiff’s motion for judgment on the pleadings. After careful consideration of the entire record and after hearing oral argument, the court has determined that it lacks jurisdiction to consider plaintiff’s claim which is in the nature of an enforcement action of the Merit Systems Protection Board (MSPB) back pay award. Back pay awards are enforced by the MSPB, and MSPB decisions are to be appealed to the United…