Taylor v. MSPB
Taylor v. MSPB
Opinion
Case: 24-2196 Document: 12 Page: 1 Filed: 01/14/2025
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
TYWANNA JO TAYLOR, Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________
2024-2196 ______________________
Petition for review of the Merit Systems Protection Board in No. DE-315H-24-0325-I-1. ______________________
Before DYK, CUNNINGHAM, and STARK, Circuit Judges. PER CURIAM. ORDER Tywanna Jo Taylor appealed her removal to the Merit Systems Protection Board and alleged, in relevant part, that a basis for her removal was discrimination based on sex and color. In her filings in this court, Ms. Taylor con- tinues to seek review of her discrimination claims. On Oc- tober 29, 2024, the court directed the parties to address whether we have jurisdiction. In response to that order, the Board urges transfer while Ms. Taylor has not filed a response. Case: 24-2196 Document: 12 Page: 2 Filed: 01/14/2025
2 TAYLOR 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), which involve an allegation of an action appealable to the Board and an al- legation that a basis for the action was covered discrimina- tion, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, Ms. Taylor alleged that her removal was based, at least in part, on covered discrimination such that her case belongs in district court. We agree with the Board that transfer to the United States District Court for the District of Kansas, 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 District of Kansas pur- suant to 28 U.S.C. § 1631. FOR THE COURT
January 14, 2025 Date
Reference
- Status
- Unpublished