Brooks v. MSPB

Case: 23-1650 Document: 21 Page: 1 Filed: 08/21/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ DAVID BROOKS, Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2023-1650 ______________________

Petition for review of the Merit Systems Protection Board in No. DA-3443-17-0032-I-1.

______________________

Before CHEN, MAYER, and STOLL, Circuit Judges. PER CURIAM.

ORDER

Following this court’s order directing the parties to show cause whether to dismiss or transfer David Brooks’ petition for review, we transfer the case to the United States District Court for the Southern District of Texas.

We have jurisdiction to review final decisions from the Merit Systems Protection Board, except in “[c]ases of dis- crimination subject to the provisions of [5 U.S.C. § ]7702,” 5 U.S.C. §§ 7703(b)(2), (b)(1)(A). Those cases belong in fed- eral district court. 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Case: 23-1650 Document: 21 Page: 2 Filed: 08/21/2023 2 BROOKS v. MSPB Prot. Bd., 582 U.S. 420 (2017). Because Mr. Brooks’ sub- missions to this court indicate that he raised a covered dis- crimination claim before the Board and continues to seek judicial review of his claim, we conclude that transfer is appropriate, 28 U.S.C. § 1631, and, in agreement with the Board’s request, ECF No. 20 at 4–5, transfer the case to the Southern District of Texas.

Accordingly, IT IS ORDERED THAT:

The petition for review and all of the filings are trans- mitted to the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. § 1631.

FOR THE COURT August 21, 2023 /s/ Jarrett B. Perlow

Date Jarret B. Perlow

Clerk of Court