Case: 24-1788 Document: 31 Page: 1 Filed: 11/21/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LANCE MCDERMOTT, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent

UNITED STATES POSTAL SERVICE, Intervenor ______________________

2024-1788 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-20-0705-I-1. ______________________

Before REYNA, LINN, and STOLL, Circuit Judges. PER CURIAM. ORDER Lance McDermott seeks review of the Merit Systems Protection Board’s decision dismissing his involuntary re- tirement appeal alleging disability discrimination. In re- sponse to this court’s show cause order, the Board and the United States Postal Service urge transfer to district court; Mr. McDermott asks this court to retain jurisdiction. Case: 24-1788 Document: 31 Page: 2 Filed: 11/21/2024

2 MCDERMOTT v. MSPB

Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), involving an alle- gation of an action appealable to the Board and an allega- tion that a basis for the action was covered discrimination, § 7702; Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Because Mr. McDermott pursued his discrimina- tion claims before the Board and wishes to continue to pur- sue those claims on judicial review, we agree with the Board and the Postal Service that transfer to the United States District Court for the Western District of Washing- ton, 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 Western District of Washington pursuant to 28 U.S.C. § 1631. FOR THE COURT

November 21, 2024 Date