Case: 24-1881 Document: 15 Page: 1 Filed: 09/16/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ YEASIN BHUIYAN, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2024-1881 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-315H-24-0215-I-1. ______________________ Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

ORDER In response to this court’s July 17, 2024 show cause or- der, the Merit Systems Protection Board urges transfer.

Yeasin Bhuiyan has not filed a response.

Mr. Bhuiyan filed an appeal at the Merit Systems Pro- tection Board challenging his termination and raising an affirmative defense of discrimination based on, among other things, race and gender. An administrative judge dismissed the appeal for lack of jurisdiction, and Mr. Bhui- yan filed a petition for review with this court. In his filings Case: 24-1881 Document: 15 Page: 2 Filed: 09/16/2024

2 BHUIYAN v. MSPB

with this court, he indicates that he wishes to continue to pursue his discrimination claims.

We transfer. 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 in- volve an allegation of an action appealable to the Board and an allegation that a basis for the action was covered dis- crimination, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, as the Board notes, Mr. Bhuiyan alleged before the Board that his termination was based, at least in part, on covered discrimination, and he contin- ues to pursue that claim. We agree with the Board that transfer to the United States District Court for the South- ern District of Ohio, where the employment action appears to have occurred, is appropriate. 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 Southern District of Ohio pursuant to 28 U.S.C. § 1631.

FOR THE COURT

September 16, 2024 Date