Bennett v. Interior

Case: 26-1289 Document: 10 Page: 1 Filed: 06/30/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SCOTT BENNETT,

Petitioner v.

DEPARTMENT OF THE INTERIOR,

Respondent ______________________

2026-1289 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-25-0045-I-1. ______________________

Before PROST, MAYER, and CUNNINGHAM, Circuit Judges.

PER CURIAM.

ORDER

Scott Bennett filed an appeal at the Merit Systems Pro- tection Board challenging the agency’s decision to remove him from federal service. The Board affirmed the agency’s decision and found that Mr. Bennett failed to prove his claim of disability discrimination. Mr. Bennett petitions for review, and we directed the parties to show cause be- cause he indicated he continues to pursue that discrimina- tion claim. In response to the court’s show cause order, the agency urges dismissal. Mr. Bennett has not responded. Case: 26-1289 Document: 10 Page: 2 Filed: 06/30/2026

2 BENNETT v. INTERIOR

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, 425–26, 437 (2017). Here, Mr. Bennett alleged that his re- moval was based, at least in part, on covered discrimina- tion, and continues to pursue that claim, such that his case belongs in district court. Under the circumstances of this case, we find it appropriate to transfer to the United States District Court for the Eastern District of California, where the employment action appears to have occurred, which may address, inter alia, any issues concerning timeliness. Accordingly,

IT IS ORDERED THAT:

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

FOR THE COURT

June 30, 2026

Date