Malik Shakur v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MALIK SHAKUR,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2025-1029
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-315H-21-0053-I-1.
______________________
ON MOTION
______________________
Before T ARANTO, STOLL , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Malik Shakur petitions this court to review the Merit
Systems Protection Board’s dismissal of his removal appeal
and rejection of his claims of discrimination. Because Mr.
Shakur’s submissions here indicated he continues to pur-
sue claims of racial discrimination (among others) that he
raised before the Board, the court directed the parties to
Case: 25-1029 Document: 17 Page: 1 Filed: 02/26/2025

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SHAKUR v. MSPB 2
show cause. In response, the Board urgers transfer. Mr.
Shakur has not responded to the show cause order but
moves to reform the caption and for summary reversal.
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, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
437 (2017). Here, Mr. Shakur alleged that his removal was
based, at least in part, on covered discrimination such that
his case belongs in district court. We agree with the Board
that transfer to the United States District Court for the
Western District of Oklahoma, where the employment ac-
tion appears to have occurred and where Mr. Shakur ap-
pears to reside, 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 Western District of Ok-
lahoma pursuant to 28 U.S.C. § 1631.
February 26, 2025
Date
F OR THE COURT
Case: 25-1029 Document: 17 Page: 2 Filed: 02/26/2025

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