Tatyana E. Drevaleva v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TATYANA E. DREVALEVA,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-1656
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-0752-19-0097-I-1.
______________________
ON MOTION
______________________
PER C URIAM.
O R D E R
Tatyana E. Drevaleva has petitioned this court to re-
view the Merit Systems Protection Board’s final decision
dismissing her appeal challenging her removal. In light of
Ms. Drevaleva’s Statement Concerning Discrimination, the
court directed the parties to show cause why this case
should not be transferred to a federal district court. Ms.
Drevaleva now moves for various relief, including transfer
of this matter to the United States District Court for the
Case: 24-1656 Document: 25 Page: 1 Filed: 08/30/2024

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DREVALEVA v. MSPB 2
District of New Mexico1 and for a stay of this case pending
her request for reconsideration of the United States Dis-
trict Court for the District of Columbia’s denial of a tempo-
rary restraining order. See ECF Nos. 19, 21, and 22. The
Board urges the court to dismiss the case.
This is not the first time Ms. Drevaleva has challenged
her removal in court. See Drevaleva v. McDonough, No. 22-
cv-00887, 2022 WL 15173728 (N.D. Cal. Oct. 26, 2022)
(summarizing her cases up to 2022). In fact, this case has
been before this court once before. In 2019, she filed a pe-
tition for review from the initial decision of the administra-
tive judge. Having concluded that this was a “[c]ase[] of
discrimination subject to the provisions of [5 U.S.C.
§] 7702” and therefore outside of this court’s jurisdiction
under 5 U.S.C. § 7703(b), we transferred the case to the
United States District Court for the Northern District of
California, see Drevaleva v. Dep’t of Veterans Affs., No.
2019-1912, ECF No. 17 (Fed. Cir. Sept. 11, 2019), which
dismissed the case as barred by res judicata, Drevaleva v.
Wilkie, No. C 19-05927, 2019 WL 6911632, at *2 (N.D. Cal.
Dec. 19, 2019) (explaining that “[t]his is the same grievance
[the court] previously decided” in a prior suit). The United
States Court of Appeals for the Ninth Circuit dismissed
Ms. Drevaleva’s appeal as frivolous. Here again, this case
does not belong in this court. In light of Ms. Drevaleva
having already litigated this matter in federal court, we
conclude that transfer would not be in the interest of jus-
tice, 28 U.S.C. § 1631, and thus dismiss.
Accordingly,
1 Ms. Drevaleva initially sought transfer to the
United States District Court for the Northern District of
California, see ECF No. 19 at 1, and then filed a “corrected
motion” seeking transfer to the District of New Mexico, see
ECF No. 21 at 1.
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DREVALEVA v. MSPB 3
IT IS O RDERED THAT:
(1) The petition for review is dismissed.
(2) All pending motions are denied.
(3) Each side shall bear its own costs.
August 30, 2024
Date
FOR THE C OURT
Case: 24-1656 Document: 25 Page: 3 Filed: 08/30/2024

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