Larry L. Cooper v. Department of the Navy

BRYSON, Circuit Judge.

This case raises the question whether it was proper for the Merit Systems Protection Board to dismiss an employee’s appeal from his removal when the agency canceled the removal after the employee retired. Because we agree with the decision of the Board dismissing the employee’s appeal as moot, we affirm the Board’s order.

I

On April 1, 1991, the Navy removed petitioner Larry L. Cooper from his position as a warehouse worker foreman because of his inability to perform the duties of the position. Cooper filed a timely appeal of his removal with the Board. After his first…