Erika Goodman v. Department of Labor

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIKA GOODMAN,
Petitioner
v.
DEPARTMENT OF LABOR,
Respondent
______________________
2023-2108
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0752-21-0327-I-1.
______________________
ON MOTION
______________________
Before D YK, C UNNINGHAM , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
The Department of Labor moves to waive Federal Cir-
cuit Rule 27(f) and to dismiss Erika Goodman’s petition for
review as untimely. Ms. Goodman opposes. We agree that
this court lacks jurisdiction, albeit on a different basis, and
we conclude that transfer to the United States District
Court for the Northern District of Illinois is appropriate.
Case: 23-2108 Document: 15 Page: 1 Filed: 10/20/2023

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GOODMAN v. LABOR 2
Ms. Goodman filed an appeal with the Merit Systems
Protection Board challenging her removal as a Manage-
ment Analyst with the Department of Labor in Chicago, Il-
linois. As relevant here, Ms. Goodman alleged that the
removal constituted retaliation for Equal Employment Op-
portunity (“EEO”) activities. The Board ultimately af-
firmed the agency’s actions.
We have jurisdiction to review “a final order or final
decision of the Board,” except in “[c]ases of discrimination
subject to the provisions of [5 U.S.C. §] 7702,” which in-
volve allegations of an agency action appealable to the
Board, and the action was based on covered discrimination.
5 U.S.C. § 7703(b)(1), (b)(2). Such “mixed cases shall be
filed in district court.” Kloeckner v. Solis, 568 U.S. 41, 50
(2012). See Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 432
(2017); Diggs v. Dep’t of Hous. & Urb. Dev., 670 F.3d 1353,
1357 (Fed. Cir. 2011). Here, Ms. Goodman alleged before
the Board that her removal was based, at least in part, on
retaliation for prior EEO activity and states that she con-
tinues to seek review of her discrimination claim. See ECF
No. 10. Thus, Ms. Goodman has brought a mixed case,
which we do not have jurisdiction to review.
Under 28 U.S.C. § 1631, when this court lacks jurisdic-
tion, we shall transfer a case, “if it is in the interest of jus-
tice” to do so, to an appropriate court where the “action or
appeal could have been brought at the time it was filed.”
The Department of Labor’s motion does not challenge the
district court’s subject-matter jurisdiction over this case.
We conclude that it is in the interest of justice to transfer
to the United States District Court for the Northern Dis-
trict of Illinois.
Accordingly,
Case: 23-2108 Document: 15 Page: 2 Filed: 10/20/2023

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GOODMAN v. LABOR 3
I T I S O RDERED T HAT :
The motion to waive Federal Circuit Rule 27(f) and to
dismiss is granted to the extent that this case and all filings
are transferred to the United States District Court for the
Northern District of Illinois pursuant to 28 U.S.C. § 1631.
October 20, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-2108 Document: 15 Page: 3 Filed: 10/20/2023

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