Casillas v. DVA

Case: 22-2265 Document: 17 Page: 1 Filed: 05/17/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

VICTOR M. CASILLAS,

Petitioner v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent ______________________

2022-2265 ______________________

Petition for review of the Merit Systems Protection Board in No. DA-0752-22-0018-I-1.

______________________

Before DYK, TARANTO, and STOLL, Circuit Judges. STOLL, Circuit Judge.

ORDER

Victor M. Casillas appealed his removal from the De- partment of Veterans Affairs to the Merit Systems Protec- tion Board, alleging discrimination on the basis of his age. The Board affirmed the removal, and Mr. Casillas peti- tioned this court for review and states that he wishes to pursue his age discrimination claim.

Responding to the court’s order to show cause asking whether and where this case should be transferred, Mr. Casillas requests transfer to the United States District Case: 22-2265 Document: 17 Page: 2 Filed: 05/17/2023 2 CASILLAS v. DVA Court for the Western District of Texas, which the Depart- ment of Veterans Affairs agrees is proper.

Because the district court is the appropriate forum for review of Board decisions involving agency actions appeal- able to the Board and alleged to be based on certain types of discrimination, 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 137 S. Ct. 1975, 1985 (2017), we likewise agree that transfer is appropriate. See 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT:

Pursuant to 28 U.S.C. § 1631, this case and all trans- mittals are transferred to the United States District Court for the Western District of Texas.

FOR THE COURT May 17, 2023 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court