Case: 24-2111 Document: 14 Page: 1 Filed: 12/10/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ WILSON H. ESTRADA, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2024-2111 ______________________ Petition for review of the Merit Systems Protection Board in No. AT-0752-19-0239-I-1. ______________________ ON MOTION ______________________ Before REYNA, LINN, and STOLL, Circuit Judges.

PER CURIAM.

ORDER Wilson H. Estrada seeks review of the Merit Systems Protection Board’s decision dismissing his removal appeal alleging discrimination. In response to this court’s show cause order, the Board urges transfer to district court. Mr. Estrada has not responded.

Case: 24-2111 Document: 14 Page: 2 Filed: 12/10/2024

2 ESTRADA 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. Estrada asserted discrimination claims before the Board and wishes to continue to pursue those claims on judicial review, we agree with the Board that transfer to the United States District Court for the Southern District of Florida, where the employment action appears to have occurred, 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 Southern District of Florida pursuant to 28 U.S.C. § 1631.

FOR THE COURT

December 10, 2024 Date