Jacqueline R. Manuel v. Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JACQUELINE R. MANUEL,
Petitioner
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent
______________________
2022-1944
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-844E-15-0277-I-1.
______________________
Before D YK, REYNA, and T ARANTO, Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s July 27, 2022, show cause
order, the Office of Personnel Management (OPM) urges
dismissal for lack of jurisdiction on the ground that the pe-
tition is untimely and that in any event this court lacks ju-
risdiction. Jacqueline R. Manuel opposes dismissal or
transfer.
Ms. Manuel seeks review of a decision of the Merit Sys-
tems Protection Board that became final on April 15, 2022.
This court received Ms. Manuel’s petition for review on
Case: 22-1944 Document: 15 Page: 1 Filed: 09/26/2022

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MANUEL v. OPM 2
June 15, 2022. In her filings before this court, Ms. Manuel
indicates that she asserted discrimination claims before
the Board and she does not wish to abandon those claims.
See ECF No. 9.
We agree with OPM that this court lacks jurisdiction
over this case. Where, as here, certain types of discrimina-
tion claims were asserted before the Board and the peti-
tioner seeks judicial review of such claims, the appropriate
forum for review is federal district court. See 5 U.S.C.
§ 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 137 S. Ct. 1975,
1985 (2017); Ash v. Off. of Pers. Mgmt., 25 F.4th 1009, 1011
(Fed. Cir. 2022). However, while OPM urges dismissal over
transfer because the petition is untimely, we deem it ap-
propriate to transfer, pursuant to 28 U.S.C.§ 1631, to the
United States District Court for the Southern District of
Texas and for that court to resolve OPM’s timeliness argu-
ment.
Accordingly,
I T I S O RDERED T HAT :
This petition and all its filings are transferred to the
United States District Court for the Southern District of
Texas pursuant to 28 U.S.C. § 1631.
September 26, 2022
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-1944 Document: 15 Page: 2 Filed: 09/26/2022

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