Royer v. MSPB

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NOTE: This order is nonprecedential.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