Case: 24-2017 Document: 14 Page: 1 Filed: 12/11/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ SONJA LENETTE DAVIS, Petitioner v. DEPARTMENT OF THE NAVY, Respondent ______________________ 2024-2017 ______________________ Petition for review of the Merit Systems Protection Board in No. AT-0752-22-0529-I-1. ______________________ Before REYNA, LINN, and STOLL, Circuit Judges.

PER CURIAM.

ORDER Sonja Lenette Davis petitions this court to review the final decision of the Merit Systems Protection Board af- firming her removal and rejecting her affirmative defenses of discrimination on the basis of race, age, color, disability, sex, and retaliation for prior equal employment oppor- tunity activity. Responding to this court’s show cause or- der, both parties request transfer to the United States District Court for the District of South Carolina.

Case: 24-2017 Document: 14 Page: 2 Filed: 12/11/2024

2 DAVIS v. NAVY

Because the district court is the appropriate forum for judicial review of Board decisions involving agency actions appealable to the Board and alleged to be based on certain types of discrimination as well as retaliation, 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420 (2017); Diggs v. Dep’t of Hous. & Urb. Dev., 670 F.3d 1353, 1357 (Fed. Cir. 2011) (holding that the affirmative defense of retaliation for prior EEO activity “falls outside [of the court’s] jurisdictional reach”), we transfer to the District of South Carolina. See 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT: The matter and all case filings are transferred to the United States District Court for the District of South Car- olina pursuant to 28 U.S.C. § 1631.

FOR THE COURT

December 11, 2024 Date