MICHEL, Circuit Judge. The Petitioner, Dr. Richard Herman, filed an Individual Right of Action (“IRA”) appeal to the Merit Systems Protection Board (“Board” or “MSPB”), alleging that he was reassigned in retaliation for whistleblowing activities. See MSPB Docket No. AT-1221-98-329-W-1. On the government’s motion, the Board dismissed the appeal for lack of jur…
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