Case: 24-2176 Document: 16 Page: 1 Filed: 11/12/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

TOM KUNAU, Petitioner

v.

DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________

2024-2176 ______________________

Petition for review of the Merit Systems Protection Board in No. DE-0752-23-0339-I-1. ______________________

Before PROST, BRYSON, and HUGHES, Circuit Judges. PER CURIAM. ORDER Tom Kunau petitions this court for review of the Merit Systems Protection Board’s final decision affirming his re- moval and rejecting his affirmative defense of discrimina- tion based on gender and race. In response to this court’s September 17, 2024 show cause order, the Department of Veterans Affairs argues for dismissal or transfer. Mr. Kunau has not filed a response. Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of Case: 24-2176 Document: 16 Page: 2 Filed: 11/12/2024

2 KUNAU v. DVA

[5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which involve an allegation of an action appealable to the Board and an al- legation that a basis for the action was covered discrimina- tion, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, the Board understood Mr. Kunau to al- lege that his removal was based, at least in part, on race and gender discrimination, and Mr. Kunau continues to pursue those claims. Thus, we lack jurisdiction and con- clude that transfer to the United States District Court for the District of Utah, where the employment action appears to have occurred, is appropriate. 28 U.S.C. § 1631. 1 Accordingly, IT IS ORDERED THAT: This matter and all case filings are transferred to the United States District Court for the District of Utah pur- suant to 28 U.S.C. § 1631.

FOR THE COURT

November 12, 2024 Date

1 The Department of Veterans Affairs may raise its timeliness arguments, among others, before the district court.