Case: 24-1077 Document: 15 Page: 1 Filed: 01/24/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MICHAEL E. STEVENSON, JR., Petitioner

v.

DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________

2024-1077 ______________________

Petition for review of the Merit Systems Protection Board in No. DA-0714-19-0524-I-1. ______________________

Before LOURIE, PROST, and STOLL, Circuit Judges. PER CURIAM. ORDER In response to this court’s December 6, 2023, order di- recting the parties to show cause whether Michael E. Ste- venson, Jr.’s petition for review should be dismissed or transferred, Mr. Stevenson responds that he “wish[es] to file a civil action . . . for racial and disability discrimina- tion[] based on [the Merit Systems Protection Board’s] final decision,” ECF No. 10 at 2, and the Department of Veterans Affairs urges transfer to the United States District Court Case: 24-1077 Document: 15 Page: 2 Filed: 01/24/2024

2 STEVENSON v. DVA

for the Western District of Oklahoma. Mr. Stevenson also files a motion for leave to proceed in forma pauperis. We generally have jurisdiction to review final Board decisions except in “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which include Mr. Stevenson’s case: he alleged he was “af- fected by an action which the employee . . . may appeal to the [Board]” and “that a basis for the action was [covered] discrimination,” § 7702(a)(1). Those cases (including Mr. Stevenson’s) are to be brought in federal district court. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017); see Martin v. Dep’t of Veterans Affs., Appeal No. 2022-1010, ECF No. 22 (Fed. Cir. Feb. 11, 2022); Gates v. Dep’t of Veterans Affs., Appeal No. 2020-2187, ECF No. 25 (Fed. Cir. Feb. 2, 2021). Where we lack jurisdiction, and if it is in the interest of justice, we will transfer a case to an appropriate court. 28 U.S.C. § 1631. Here, we agree with the parties and con- clude that transfer to the Western District of Oklahoma, where the employment action occurred, is appropriate. * Accordingly,

* We note that Mr. Stevenson requests the court ap- point an attorney for him and permit him to proceed with- out paying the fees and cost of the civil action, but those issues, among others, will be for the district court to decide. Case: 24-1077 Document: 15 Page: 3 Filed: 01/24/2024

STEVENSON v. DVA 3

IT IS ORDERED THAT: This matter and all of the filings are transmitted to the United States District Court for the Western District of Ok- lahoma pursuant to 28 U.S.C. § 1631. FOR THE COURT

January 24, 2024 Date