Gary N. Wiggins v. The United States Postal Service

RANDALL, Circuit Judge:

In this action Gary N. Wiggins, a former employee of the United States Postal Service who challenges his dismissal from that agency, seeks to appeal an adverse order of the Merit Systems Review Board (the Board) pursuant to 5 U.S.C. § 7703(b) (Supp. Ill 1979). However, this action is a “case of discrimination subject to the provisions of [5 U.S.C. § 7702]; ” in such a case the circuit courts have no jurisdiction to hear the appeal, and the employee must instead bring an action in the district courts. In order to protect Wiggins’ proper remedies, we vacate the Board’s…