Case: 25-1278 Document: 13 Page: 1 Filed: 03/18/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BRIAN RICHARDS, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2025-1278 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-315H-21-0326-I-1. ______________________

Before DYK, PROST, and CHEN, Circuit Judges. PER CURIAM. ORDER Brian Richards appealed his termination to the Merits System Protection Board and alleged discrimination based on disability and retaliation for Equal Employment Oppor- tunity activities. The court directed the parties to show cause, and both the Merit Systems Protection Board and Mr. Richards agree that this court lacks jurisdiction. 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 Case: 25-1278 Document: 13 Page: 2 Filed: 03/18/2025

2 RICHARDS v. MSPB

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, Mr. Richards appealed his termination to the Board and alleged that a basis for that action was discrimination. Therefore, we agree with the parties that this court lacks jurisdiction. We agree with Mr. Richards that transfer to the United States District Court for the Southern District of California is appropriate. 28 U.S.C. § 1631; see § 7703(b)(2) (citing 42 U.S.C. § 2000-e-16(c)); 42 U.S.C. § 2000e-5(f)(3) (permit- ting an action to be brought “in any judicial district in the State in which the unlawful employment practice is alleged to have been committed”). Accordingly, IT IS ORDERED THAT: This matter and all case filings are transferred to the United States District Court for the Southern District of California pursuant to 28 U.S.C. § 1631. FOR THE COURT

March 18, 2025 Date