Williams v. Office of Personnel Management

983 F. Supp. 2d 153, 2013 U.S. Dist. LEXIS 152024, 2013 WL 5724521

Opinion

MEMORANDUM OPINION

ROBERT L. WILKINS, United States District Judge

This matter is before the Court on plaintiffs pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiffs in forma pauperis application and will dismiss the case for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(h)(3) (requiring dismissal “at any time” jurisdiction is found wanting).

Plaintiff, a resident of Norfolk, Virginia, sues the Office of Personnel Management (“OPM”) and the Merit Systems Protection Board (“MSPB”). She seeks judicial review of a final order of the MSPB, affirming OPM’s denial of survivor annuity benefits. Compl. at 1. The Civil Service Retirement Act, 5 U.S.C. §§ 8331 et seq., provides the exclusive remedy for adjudicating plaintiffs claim. Fornaro v. James, 416 F.3d 63, 66 (D.C.Cir.2005). “That regime provides for adjudication of all claims by OPM, 5 U.S.C. § 8347(b), appeal of adverse decisions by OPM to the MSPB, id. § 8347(d)(1), and subsequent review of MSPB decisions in the Federal Circuit, id. § 7703(b)(1); 28 U.S.C. § 1295(a)(9).” Id. A separate Order of dismissal accompanies this Memorandum Opinion.