Case: 24-1682 Document: 14 Page: 1 Filed: 07/23/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

CRYSTAL N. RODGERS, Petitioner

v.

UNITED STATES POSTAL SERVICE, Respondent ______________________

2024-1682 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-22-0229-I-1. ______________________

Before PROST, TARANTO, and HUGHES, Circuit Judges. PER CURIAM. ORDER Crystal N. Rodgers filed an appeal at the Merit Sys- tems Protection Board challenging her removal from fed- eral service and raising, in relevant part, an affirmative defense of discrimination. The Board’s final decision af- firmed. She petitioned this court for review and her filings indicate that she wishes to continue to pursue her discrim- ination and retaliation claims. ECF No. 2 at 1–3; ECF No. 1-2 at 13. Responding to this court’s show cause order, the United States Postal Service urges dismissal or transfer. Case: 24-1682 Document: 14 Page: 2 Filed: 07/23/2024

2 RODGERS v. USPS

Ms. Rodgers responds and appears to argue the merits of the case, including her discrimination claims. We transfer this case. Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination sub- ject to the provisions of [5 U.S.C.] § 7702,” 5 U.S.C. § 7703(b)(2), which involve an allegation of an action ap- pealable to the Board and an allegation that a basis for the action was covered discrimination. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, Ms. Rodgers continues to pursue the allegations she made before the Board that her removal was the result of covered discrimination, so ju- risdiction to review the Board’s decision lies in district court. We agree with the agency that transfer to the United States District Court for the Central District of Cal- ifornia, where the employment action appears to have oc- curred, is appropriate. See 28 U.S.C. § 1631. Accordingly, IT IS ORDERED THAT: This matter and all case filings are transferred to the United States District Court for the Central District of Cal- ifornia pursuant to 28 U.S.C. § 1631. FOR THE COURT

July 23, 2024 Date