Case: 24-1575 Document: 34 Page: 1 Filed: 09/17/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ QUITO I. NEHEMIAH, Petitioner v. DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT, Respondent ______________________ 2024-1575 ______________________ Petition for review of the Merit Systems Protection Board in No. DE-0731-23-0243-I-1. ______________________ ON MOTION ______________________ Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

ORDER In response to this court’s July 2, 2024 order directing the parties to address this court’s jurisdiction, Quito I. Ne- hemiah moves to transfer the case to district court and the Director of the Office of Personnel Management agrees that transfer is appropriate.

Case: 24-1575 Document: 34 Page: 2 Filed: 09/17/2024

2 NEHEMIAH v. OPM

Mr. Nehemiah appealed his negative suitability deci- sion from the Office of Personnel Management to the Merit Systems Protection Board, asserting, among other things, discrimination based on race and gender. In his filings with this court, Mr. Nehemiah continues to seek review of his discrimination claims.

Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” § 7703(b)(2), which involve an allegation of an action appealable to the Board and an allegation that a basis for the action was covered discrimination, § 7702(a).

Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017).

Here, Mr. Nehemiah brought a mixed case before the Board and he seeks judicial review of his discrimination claims such that his case belongs in district court. We agree with the Director that transfer to the United States District Court for the District of New Mexico, where it ap- pears Mr. Nehemiah would have worked but for the alleged unlawful employment practice, is appropriate under 28 U.S.C. § 1631. See 42 U.S.C. § 2000e-5(f)(3).

Upon consideration thereof, IT IS ORDERED THAT: The motion to transfer is granted to the extent that this matter and all case filings are transferred to the United States District Court for the District of New Mexico pursu- ant to 28 U.S.C. § 1631.

FOR THE COURT

September 17, 2024 Date