Rose Tiffany Evans v. United States Postal Service

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROSE TIFFANY EVANS,
Petitioner
v.
UNITED STATES POSTAL SERVICE,
Respondent
______________________
2024-2332
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-22-0202-I-1.
______________________
Before D YK, CUNNINGHAM , and STARK, Circuit Judges.
CUNNINGHAM , Circuit Judge.
O R D E R
Rose Tiffany Evans petitions this court to review the
final decision of the Merit Systems Protection Board af-
firming her removal and rejecting her affirmative defenses,
which included allegations of discrimination based on sex
and race. In response to the court’s November 1, 2024,
show cause order, Ms. Evans “suggests” transfer to the
United States District Court for the District of Columbia if
this court determines it does not have jurisdiction, ECF No.
11 at 2, and the United States Postal Service urges
Case: 24-2332 Document: 13 Page: 1 Filed: 01/14/2025

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EVANS v. USPS 2
dismissal or, in the alternative, transfer to the District
Court for the District of Columbia or the United States Dis-
trict Court for the District of Nevada.
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which involve an
allegation of an action appealable to the Board and an al-
legation that a basis for the action was covered discrimina-
tion (even if other defenses are also raised), § 7702. Perry
v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here,
Ms. Evans appealed her removal to the Board, alleged that
a basis of that action was covered discrimination, and con-
tinues to pursue her discrimination claim, such that her
case belongs in district court. Under the circumstances, we
find it appropriate to transfer to the United States District
Court for the District of Nevada, which appears to be the
location of the employment action and records and where
Ms. Evans would have worked but for the personnel action.
42 U.S.C. § 2000e-5(f)(3). See 28 U.S.C. § 1631.1
Accordingly,
1 Ms. Evans expresses preference for transfer to the
United States District Court for the District of Columbia.
Our transfer is without prejudice to Ms. Evans seeking
such transfer by the District of Nevada. See 28 U.S.C.
§ 1404(a); 42 U.S.C. § 2000e-5(f)(3) (providing that the lo-
cation of the respondent’s principal office “shall . . . be con-
sidered a district in which the action might have been
brought” for purposes of § 1404).
Case: 24-2332 Document: 13 Page: 2 Filed: 01/14/2025

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EVANS v. USPS 3
I T I S O RDERED T HAT :
This matter and all case filings are transferred to the
United States District Court for the District of Nevada pur-
suant to 28 U.S.C. § 1631.
January 14, 2025
Date
F OR THE COURT
Case: 24-2332 Document: 13 Page: 3 Filed: 01/14/2025

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