Melendez v. MSPB

Case: 25-1728 Document: 14 Page: 1 Filed: 09/12/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

JAIME MELENDEZ,

Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2025-1728 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-24-0246-I-1.

______________________ ON MOTION ______________________

Before REYNA, HUGHES, and STOLL, Circuit Judges. PER CURIAM.

ORDER

Jaime Melendez appealed to the Merit Systems Protec- tion Board asserting his resignation was involuntary and alleging, among other things, disability discrimination. Af- ter the Board dismissed his appeal, he filed this petition seeking review of the Board’s decision as well as review of a related action before the EEOC. In response to the Case: 25-1728 Document: 14 Page: 2 Filed: 09/12/2025 2 MELENDEZ v. MSPB court’s show cause order, Mr. Melendez confirms that he wishes to continue to pursue his discrimination claims and requests transfer to the United States District Court for the Central District of California. The Board agrees that transfer to the Central District of California is appropriate without taking a position on the EEOC action.

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), and also over civil actions seeking judicial review of an EEOC decision, see 42 U.S.C. § 2000e-16(c); 28 U.S.C. § 1331. Under the circum- stances, we transfer to the United States District Court for the Central District of California, where the alleged em- ployment action occurred. See 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT:

This matter and all case motions and filings are trans- ferred to the United States District Court for the Central District of California pursuant to 28 U.S.C. § 1631.

FOR THE COURT September 12, 2025

Date