Martin v. DVA

Case: 26-1883 Document: 11 Page: 1 Filed: 08/27/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

DARRELL T. MARTIN,

Petitioner v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent ______________________

2026-1883 ______________________

Petition for review of the Merit Systems Protection Board in No. DA-0752-25-0975-I-2.

______________________

Before LOURIE, PROST, and REYNA, Circuit Judges. PER CURIAM.

ORDER

In response to the court’s July 16, 2026 show cause or- der, the Department of Veterans Affairs (“DVA”) urges transfer to the United States District Court for the Eastern District of Arkansas. Darrell T. Martin agrees that trans- fer is in the interest of justice.

Mr. Martin appealed to the Merit Systems Protection Board challenging his removal from the DVA in part based on disability discrimination. The Board affirmed the agency’s action and Mr. Martin seeks this court’s review. Case: 26-1883 Document: 11 Page: 2 Filed: 08/27/2026 2 MARTIN v. DVA In his filings before this court, he indicates that he does not wish to abandon his discrimination claim. See ECF No. 5 at 1–3. Mr. Martin has also filed a civil complaint in the United States District Court for the Eastern District of Ar- kansas regarding his removal and claim of discrimination. Martin v. Moore, No. 4:26-cv-00241-KGB (amended com- plaint filed March 16, 2026).

Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” § 7703(b)(2), which involve an allegation of an action appealable to the Board and an allegation that a basis for the action was covered discrimination, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017); see also Williams v. Dep’t of the Army, 715 F.2d 1485, 1491 (Fed. Cir. 1983) (en banc) (noting “where jurisdiction lies in the district court under 5 U.S.C. § 7703(b)(2), the entire ac- tion falls within the jurisdiction of that court and this court has no jurisdiction”). Because Mr. Martin asserted dis- crimination claims before the Board and continues to pur- sue those claims on judicial review, we lack jurisdiction. The DVA urges transfer to the Eastern District of Arkan- sas, where the employment action appears to have occurred and where Mr. Martin filed his still-pending related civil complaint. Under the circumstances, we transfer. See 28 U.S.C. § 1631.

Accordingly, Case: 26-1883 Document: 11 Page: 3 Filed: 08/27/2026 MARTIN v. DVA 3

IT IS ORDERED THAT:

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

FOR THE COURT August 27, 2026

Date