Brown v. Merit Systems Protection Board

32 F. App'x 583

Opinion

PER CURIAM.

William L. Brown, Sr., seeks review of the July 2, 2001, decision of the Merit Systems Protection Board, No. CH3443010506-I-1, dismissing his appeal after Brown voluntarily withdrew it. We affirm.

A board decision must be affirmed unless it is found to be: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or (3) unsupported by substantial evidence.” 5 U.S.C. § 7703(c) (1994).

The record contains a letter from Brown submitted to the board explicitly withdrawing his appeal. Because the board properly dismissed Brown’s appeal, we may not consider his arguments on the merits.