Victor M. Casillas v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VICTOR M. CASILLAS,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2022-2265
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0752-22-0018-I-1.
______________________
Before D YK, T ARANTO, and STOLL , Circuit Judges.
STOLL , Circuit Judge.
O R D E R
Victor M. Casillas appealed his removal from the De-
partment of Veterans Affairs to the Merit Systems Protec-
tion Board, alleging discrimination on the basis of his age.
The Board affirmed the removal, and Mr. Casillas peti-
tioned this court for review and states that he wishes to
pursue his age discrimination claim.
Responding to the court’s order to show cause asking
whether and where this case should be transferred, Mr.
Casillas requests transfer to the United States District
Case: 22-2265 Document: 17 Page: 1 Filed: 05/17/2023

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CASILLAS v. DVA 2
Court for the Western District of Texas, which the Depart-
ment of Veterans Affairs agrees is proper.
Because the district court is the appropriate forum for
review of Board decisions involving agency actions appeal-
able to the Board and alleged to be based on certain types
of discrimination, 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys.
Prot. Bd., 137 S. Ct. 1975, 1985 (2017), we likewise agree
that transfer is appropriate. See 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
Pursuant to 28 U.S.C. § 1631, this case and all trans-
mittals are transferred to the United States District Court
for the Western District of Texas.
May 17, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-2265 Document: 17 Page: 2 Filed: 05/17/2023

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