Case: 25-1180 Document: 28 Page: 1 Filed: 04/16/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

COLENE MARY PEAKS, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2025-1180 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-0752-19-0697-I-1. ______________________

Before TARANTO, WALLACH, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER Colene Mary Peaks petitions this court to review the final decision of the Merit Systems Protection Board dis- missing her appeal alleging that her removal was involun- tary, in part due to age and disability discrimination. Responding to this court’s show cause order, the Board urges transfer to the United States District Court for the District of Columbia. Ms. Peaks has not responded. Case: 25-1180 Document: 28 Page: 2 Filed: 04/16/2025

2 PEAKS 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. Peaks alleged that her removal was based, at least in part, on covered discrimination such that her case belongs in district court. Under such circum- stances, we find it appropriate to transfer to the United States District Court for the District of Columbia, where the employment action appears to have occurred. 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 Columbia pursuant to 28 U.S.C. § 1631. FOR THE COURT

April 16, 2025 Date