Case: 22-2195 Document: 16 Page: 1 Filed: 12/22/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

GODWIN OBOT, Petitioner

v.

DEPARTMENT OF DEFENSE, Respondent ______________________

2022-2195 ______________________

Petition for review of the Merit Systems Protection Board in No. CH-0752-20-0601-I-1. ______________________

ON MOTION ______________________ PER CURIAM. ORDER The Department of Defense (“the agency”) moves to dis- miss this petition for review for lack of jurisdiction. God- win Obot has not responded. Mr. Obot appealed his removal from the agency to the Merit Systems Protection Board, alleging discrimination as an affirmative defense. After the administrative judge is- sued an initial decision affirming the agency’s removal, Mr. Obot petitioned the Board for review. On July 7, 2022, the Case: 22-2195 Document: 16 Page: 2 Filed: 12/22/2022

2 OBOT v. DEFENSE

Board issued its final decision denying the petition and af- firming the administrative judge’s decision. This court re- ceived Mr. Obot’s petition for review on September 7, 2022. His submissions before this court indicate that he wishes to continue to pursue his discrimination claims. See ECF No. 11 at 2–3; ECF No. 10. We agree with the agency that this court lacks jurisdic- tion over this case. Where, as here, certain types of dis- crimination claims were asserted before the Board and the petitioner seeks judicial review of such claims, the appro- priate forum for review is federal district court. See 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 137 S. Ct. 1975, 1985 (2017). Although the agency urges dismis- sal over transfer, we deem it appropriate to transfer, pur- suant to 28 U.S.C. § 1631, to the United States District Court for the Northern District of Ohio and for that court to address any issues concerning timeliness. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss, ECF No. 14, is denied. (2) This case and all pending motions and other trans- mittals are transferred to the United States District Court for the Northern District of Ohio. FOR THE COURT

December 22, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court