Hobbs v. USA

1Pursuant 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20774
Summary Calendar
BOOKER T. HOBBS, JR.,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA, Department of the Treasury, IRS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-1874
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September 28, 2000
Before HIGGINBOTHAM, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:1
Booker T. Hobbs, Jr., appeals the district court’s grant of
summary judgment in favor of the United States, Department of the
Treasury, and the Internal Revenue Service. Hobbs contends that
the district court erred in determining that the doctrines of res
judicata and collateral estoppel applied to his case. Hobbs also
argues that the district court erred in denying his motions for
leave to file a first, a second, and a third amended complaints and
his motion to transfer his case.

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2
Hobbs’ arguments raised in the instant case are the same
nondiscrimination claims previously litigated and decided on the
merits by the Merit Service Protection Board (MSPB). The Court of
Appeals for the Federal Circuit has exclusive jurisdiction of an
appeal from a final order or final decision of the MSPB when all
discrimination claims have been eliminated. 28 U.S.C.
§ 1295(a); Blake v. Dep’t of the Air Force, 794, F.2d 170, 172-73
(5th Cir. 1986). Accordingly, we affirm the district court’s
dismissal of Hobbs suit on the alternate ground of lack of subject-
matter jurisdiction. See Esteves v. Brock, 106 F.3d 674, 676 (5th
Cir. 1997).
AFFIRMED.

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