49 Fair empl.prac.cas. 251, 49 Empl. Prac. Dec. P 38,721 Arthur Hays v. Postmaster General of the United States United States Merit Systems Protection Board

868 F.2d 328 49 Fair Empl.Prac.Cas. 251 , 49 Empl. Prac. Dec. P 38,721 Arthur HAYS, Petitioner-Appellant, v. POSTMASTER GENERAL OF the UNITED STATES; United States Merit Systems Protection Board, Respondents-Appellees. No. 87-2824. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1988. Decided Feb. 17, 1989. Elaine W. Wallace, Oakland, Cal., for petitioner-appellant. James A. Friedman, Atty., Office of Labor Law, U.S. Postal Service, Washington, D.C., for respondents-appellees. Appeal from the United States District Court for the Eastern District of California. Before HUG and KOZINSKI, Circuit Judges, and GRAY, * Senior District Judge. PER CURIAM: 1 Arthur Hays petitioned the district court for review of a decision by the Merit Systems Protection Board (MSPB) upholding his removal from his job with the Postal Service. The district court held that it lacked jurisdiction. We review the district court's determination de novo. Lofton v. Heckler, 781 F.2d 1390, 1392 (9th Cir.1986). FACTS 2 Hays received a notice of proposed removal from his job on January 28, 1985. On February 3, he appealed this decision to the MSPB, but did not make any discrimination…