Colene Mary Peaks v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
COLENE MARY PEAKS,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2025-1180
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-19-0697-I-1.
______________________
Before T ARANTO, WALLACH , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
Colene Mary Peaks petitions this court to review the
final decision of the Merit Systems Protection Board dis-
missing her appeal alleging that her removal was involun-
tary, in part due to age and disability discrimination.
Responding to this court’s show cause order, the Board
urges transfer to the United States District Court for the
District of Columbia. Ms. Peaks has not responded.
Case: 25-1180 Document: 28 Page: 1 Filed: 04/16/2025

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PEAKS v. MSPB 2
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, Ms. Peaks alleged that her removal was
based, at least in part, on covered discrimination such that
her case belongs in district court. Under such circum-
stances, we find it appropriate to transfer to the United
States District Court for the District of Columbia, where
the employment action appears to have occurred. 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 District of Columbia
pursuant to 28 U.S.C. § 1631.
April 16, 2025
Date
F OR THE COURT
Case: 25-1180 Document: 28 Page: 2 Filed: 04/16/2025

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