Morris v. Nasa

Case: 25-1966 Document: 21 Page: 1 Filed: 01/22/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

TIMOTHY W. MORRIS,

Petitioner v.

NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

Respondents ______________________

2025-1966, 2025-1965 ______________________

Petitions for review of the Merit Systems Protection Board in Nos. AT-0752-22-0094-I-1, AT-0731-22-0113-I-1, AT-531D-22-0094-I-1, and AT-3443-22-0114-I-1.

______________________

Before STOLL, WALLACH, and CUNNINGHAM, Circuit

Judges.

PER CURIAM.

ORDER

Timothy W. Morris seeks judicial review of a Merit Sys- tems Protection Board decision joining and dismissing Case: 25-1966 Document: 21 Page: 2 Filed: 01/22/2026 2 MORRIS v. NASA three appeals from alleged personnel actions.1 Because Mr. Morris’s submissions indicated he raised discrimina- tion claims before the Board and wishes to pursue those claims, we directed the parties to show cause whether this matter should be transferred. The National Aeronautics and Space Administration responds in favor of transfer. Mr. Morris has not responded.

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 alle- gation that a basis for the action was covered discrimina- tion, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, the parties appear to agree that Mr. Mor- ris alleged that the challenged employment actions were based at least in part on covered discrimination. ECF Nos. 6, 12. Under such circumstances, we find it appropriate to transfer to the United States District Court for the Middle District of Florida, where it appears the employment action occurred and Mr. Morris resides. 28 U.S.C. § 1631.

Accordingly, 1 Specifically, the Board’s decision joined Mr. Mor- ris’s appeals alleging that he was wrongfully denied a pay increase, that he was subject to a negative suitability de- termination, and that his retirement was involuntary. Case: 25-1966 Document: 21 Page: 3 Filed: 01/22/2026 MORRIS v. NASA 3

IT IS ORDERED THAT:

This matter and all filings are transferred to the United States District Court for the Middle District of Flor- ida pursuant to 28 U.S.C. § 1631.

FOR THE COURT January 22, 2026

Date