Harold Bosier v. Department of Treasury

597 F. App'x 803

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 17, 2015
• Docket: 14-50863
• Status: Unpublished

Opinion

PER CURIAM: *

Plaintiff-Appellant Harold James Bosier appeals the district court’s dismissal of his complaint against the Department of the Treasury and the district court’s denial of his motion to appoint counsel. We have reviewed the briefs and applicable portions of the record, and we conclude that the district court committed no error. The district court correctly dismissed B osier’s complaint because Bosier failed to exhaust his administrative remedies. In addition, as the district court noted, dismissal was warranted for the independent reason that B osier’s suit — which he commenced 91 days after the MSPB’s decision became final — was untimely. Moreover, Bosier fails to show that the district court abused its discretion in refusing to appoint counsel for him. See Salmon v. Corpus Christi Indep. Sch. Dist, 911 F.2d 1165, 1166 (5th Cir.1990).

For the foregoing reasons, as more fully explained by the district court, we AFFIRM.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.