Case: 24-1920 Document: 10 Page: 1 Filed: 08/21/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ GABRIEL KOTSIS, Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent ______________________ 2024-1920 ______________________ Petition for review of the Merit Systems Protection Board in No. AT-0432-16-0006-B-1. ______________________ ON MOTION ______________________ Before LOURIE, CUNNINGHAM, and STARK, Circuit Judges.

PER CURIAM.

ORDER Gabriel Kotsis filed an appeal at the Merit Systems Protection Board challenging his removal and raising, among other things, affirmative defenses of disability dis- crimination and reprisal for engaging in Equal Employ- ment Opportunity activity. The Board’s final decision affirmed. Mr. Kotsis petitioned this court for review, and Case: 24-1920 Document: 10 Page: 2 Filed: 08/21/2024

2 KOTSIS v. DEPARTMENT OF TRANSPORTATION

his filings indicate that he wishes to continue to pursue his discrimination and retaliation claims. The agency moves to waive Federal Circuit Rule 27(f) and dismiss or transfer this matter. Mr. Kotsis has not filed a response to the mo- tion.

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, Mr. Kotsis continues to pursue the allegations he made before the Board that his removal was the result of covered discrimination, so juris- diction to review the Board’s decision lies in district court.

We transfer to the United States District Court for the Northern District of Georgia, where the employment action appears to have occurred. See 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT: The motion is granted to the extent that the matter and all case filings are transferred to the United States District Court for the Northern District of Georgia pursuant to 28 U.S.C. § 1631.

FOR THE COURT

August 21, 2024 Date