Case: 25-1237 Document: 16 Page: 1 Filed: 02/28/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

VERA DAVIS-CLEWIS, Petitioner

v.

DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________

2025-1237 ______________________

Petition for review of the Merit Systems Protection Board in No. DA-0752-23-0162-I-1. ______________________

ON MOTION ______________________

Before TARANTO, STOLL, and STARK, Circuit Judges. PER CURIAM. ORDER Vera Davis-Clewis appealed her alleged involuntary demotion and reduction in grade to the Merit Systems Pro- tection Board and raised affirmative defenses of discrimi- nation. In her filings before this court, Ms. Davis-Clewis indicates that she continues to pursue her discrimination claims, such that this court ordered the parties to show Case: 25-1237 Document: 16 Page: 2 Filed: 02/28/2025

2 DAVIS-CLEWIS v. DVA

cause whether this matter should be dismissed or trans- ferred to an appropriate court. The Department of Veter- ans Affairs urges dismissal or transfer. Ms. Davis-Clewis opposes dismissal or transfer. 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(a). Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, Ms. Davis-Clewis raised claims of cov- ered discrimination before the Board and continues to seek review of those claims, such that we lack jurisdiction. We conclude that transfer to the United States District Court for the Northern District of Texas, where the employment action appears to have occurred, is appropriate. 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 Northern District of Texas pursuant to 28 U.S.C. § 1631. FOR THE COURT

February 28, 2025 Date