Anderson v. MSPB

U.S. Court of Appeals for the Federal Circuit

Anderson v. MSPB

Opinion

Case: 23-1658 Document: 21 Page: 1 Filed: 10/06/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MICHELLE Y. ANDERSON, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2023-1658 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0353-16-0528-I-2. ______________________

Before DYK, CUNNINGHAM, and STARK, Circuit Judges. PER CURIAM. ORDER Having considered any response to this court’s show cause order, we transfer the case to the United States Dis- trict Court for the Central District of California. Michelle Y. Anderson brings a “[c]ase[] of discrimina- tion subject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), seeking review of the Merit Systems Protec- tion Board’s decision involving a claim of covered discrimi- nation. We lack jurisdiction over such a case, which must instead be brought in federal district court. Perry v. Merit Case: 23-1658 Document: 21 Page: 2 Filed: 10/06/2023

2 ANDERSON v. MSPB

Sys. Prot. Bd., 582 U.S. 420, 432 (2017). Under the circum- stances, we conclude pursuant to 28 U.S.C. § 1631 that transfer is appropriate to the Central District of California, where the employment action occurred. 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 Central District of California pursuant to 28 U.S.C. § 1631. FOR THE COURT

October 6, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court

Reference

Status
Unpublished