Mary G. Hartman v. Merit Systems Protection Board

PLAGER, Circuit Judge.

Mary G. Hartman (“Petitioner”) appeals the decision of the Merit Systems Protection Board (“Board”) 1 dismissing for lack of jurisdiction Petitioner’s appeal of her removal from the position of Deputy Clerk at the United States District Court for the Eastern District of Tennessee. We affirm.

BACKGROUND

Under 5 U.S.C. § 7513, an appeal to the Board is limited to “employee[s] against whom an action is taken under this section.” 5 U.S.C. § 7513(d) (1994). 2 The Board found that Petitioner was not an “employee” as defined under 5 U.S.C. § 7511(a)(1), and therefore was not…