Crystal N. Rodgers v. United States Postal Service

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CRYSTAL N. RODGERS,
Petitioner
v.
UNITED STATES POSTAL SERVICE,
Respondent
______________________
2024-1682
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-22-0229-I-1.
______________________
Before P ROST , T ARANTO, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Crystal N. Rodgers filed an appeal at the Merit Sys-
tems Protection Board challenging her removal from fed-
eral service and raising, in relevant part, an affirmative
defense of discrimination. The Board’s final decision af-
firmed. She petitioned this court for review and her filings
indicate that she wishes to continue to pursue her discrim-
ination and retaliation claims. ECF No. 2 at 1–3; ECF No.
1-2 at 13. Responding to this court’s show cause order, the
United States Postal Service urges dismissal or transfer.
Case: 24-1682 Document: 14 Page: 1 Filed: 07/23/2024

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RODGERS v. USPS 2
Ms. Rodgers responds and appears to argue the merits of
the case, including her discrimination claims.
We transfer this case. Federal district courts, not this
court, have jurisdiction over “[c]ases of discrimination sub-
ject to the provisions of [5 U.S.C.] § 7702,” 5 U.S.C.
§ 7703(b)(2), which involve an allegation of an action ap-
pealable to the Board and an allegation that a basis for the
action was covered discrimination. Perry v. Merit Sys. Prot.
Bd., 582 U.S. 420, 437 (2017). Here, Ms. Rodgers continues
to pursue the allegations she made before the Board that
her removal was the result of covered discrimination, so ju-
risdiction to review the Board’s decision lies in district
court. We agree with the agency that transfer to the
United States District Court for the Central District of Cal-
ifornia, where the employment action appears to have oc-
curred, is appropriate. See 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
This matter and all case filings are transferred to the
United States District Court for the Central District of Cal-
ifornia pursuant to 28 U.S.C. § 1631.
July 23, 2024
Date
F OR THE COURT
Case: 24-1682 Document: 14 Page: 2 Filed: 07/23/2024

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