Royer v. MSPB
Royer v. MSPB
Opinion
Case: 23-2240 Document: 17 Page: 1 Filed: 01/25/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
ANNA ROYER, Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________
2023-2240 ______________________
Petition for review of the Merit Systems Protection Board in No. DC-0752-20-0245-I-1. ______________________
Before DYK, BRYSON, and TARANTO, Circuit Judges. PER CURIAM. ORDER Because Anna Royer pursued discrimination claims be- fore the Merit Systems Protection Board and stated that she does not wish to abandon those claims on judicial re- view, the court directed the parties to show cause why this case should not be transferred to a United States district court. The Board argues that this is a “mixed case” and urges transfer. Ms. Royer has not responded to the court’s order, though she did file her opening brief asserting Case: 23-2240 Document: 17 Page: 2 Filed: 01/25/2024
2 ROYER v. MSPB
“harassment (sexual) from employees & managers,” ECF No. 10 at 2. “Cases of discrimination subject to the provisions of [5 U.S.C.] § 7702,” belong in district court. 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 432 (2017). Because this case meets the criteria of a case of discrimination, we transfer pursuant to 28 U.S.C. § 1631 to the United States District Court for the District of Colum- bia, where the employment action occurred. Accordingly, IT IS ORDERED THAT: Pursuant to 28 U.S.C. § 1631, this case and all trans- mittals are transferred to the United States District Court for the District of Columbia. FOR THE COURT
January 25, 2024 Date
Reference
- Status
- Unpublished