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William L. BROWN, Sr., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent

United States Court of Appeals for the Federal Circuit2002-04-03No. No. 01-3353
32 F. App'x 583

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Opinion

majority opinion

PER CURIAM.

William L. Brown, Sr., seeks review of the July 2, 2001, decision of the Merit Systems Protection Board, No. CH3443010506-I-1, dismissing his appeal after Brown voluntarily withdrew it. We affirm.

A board decision must be affirmed unless it is found to be: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or (3) unsupported by substantial evidence.” 5 U.S.C. § 7703(c) (1994).

The record contains a letter from Brown submitted to the board explicitly withdrawing his appeal. Because the board properly dismissed Brown’s appeal, we may not consider his arguments on the merits.