Roper v. Department of Agriculture

Case: 26-1039 Document: 17 Page: 1 Filed: 01/21/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DEBBRA L. ROPER, Petitioner v. DEPARTMENT OF AGRICULTURE, Respondent ______________________ 2026-1039 ______________________ Petition for review of the Merit Systems Protection Board in No. DE-0752-24-0303-I-1. ______________________ Before STOLL, WALLACH, and CUNNINGHAM, Circuit Judges.

PER CURIAM.

ORDER Debbra L. Roper filed an appeal at the Merit Systems Protection Board challenging the Department of Agricul- ture’s decision to remove her from federal service. The Board affirmed the agency’s decision and found that Ms. Roper failed to prove her claim of disability discrimination.

In response to this court’s show cause order, the Depart- ment of Agriculture urges dismissal or transfer to a district Case: 26-1039 Document: 17 Page: 2 Filed: 01/21/2026

2 ROPER v. DEPARTMENT OF AGRICULTURE court, and Ms. Roper urges transfer to the United States District Court for the District of New Mexico. ECF No. 16.

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. Roper alleged that her removal was based, at least in part, on covered discrimination and con- tinues to pursue those allegations such that her case be- longs in district court. Under such circumstances, we find it appropriate to transfer to the United States District Court for the District of New Mexico, where the employ- ment action appears to have occurred. 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT: This matter and all filings are transferred to the United States District Court for the District of New Mexico pursuant to 28 U.S.C. § 1631.

FOR THE COURT

January 21, 2026 Date