Kenneth R. Kent v. Social Security Administration

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
KENNETH R. KENT,
Petitioner
v.
SOCIAL SECURITY ADMINISTRATION,
Respondent
______________________
2023-1329
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-0752-17-0171-I-1.
______________________
Before L OURIE, P ROST , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Because Kenneth R. Kent pursued discrimination
claims before the Merit Systems Protection Board and
stated that he does not wish to abandon those claims on
judicial review, the court directed the parties to show cause
why this case should not be transferred to a United States
district court. The agency’s response urges transfer to the
United States District Court for the District of Arizona,
where Mr. Kent appears to currently reside. Mr. Kent re-
sponds and continues to argue his discrimination claim.
Case: 23-1329 Document: 35 Page: 1 Filed: 02/05/2024

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KENT v. SSA 2
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C.] § 7702,” i.e., cases involving adverse actions ap-
pealable to the Board and allegations of covered discrimi-
nation. 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd.,
582 U.S. 420, 432 (2017); 5 U.S.C. § 7702(a)(1). This case
indisputably meets those criteria. This court therefore
lacks jurisdiction over this petition.
We may transfer a case pursuant to 28 U.S.C. § 1631
to a court where “the action or appeal could have been
brought.” Because Mr. Kent pursues a claim of discrimina-
tion under the Civil Rights Act of 1964, this action is gov-
erned by the restrictions set forth in 42 U.S.C. § 2000e-5(f).
See 5 U.S.C. § 7703(b)(2) (“Cases of discrimination subject
to the provisions of section 7702 of this title shall be filed
under section 717(c) of the Civil Rights Act of 1964 (42
U.S.C. 2000e–16(c)) . . . .”); 42 U.S.C. § 2000e–16(c) (speci-
fying a federal employee or applicant “may file a civil action
as provided in section 2000e-5”).
That statute directs that such a case is set to be
brought in “any judicial district in the State in which the
unlawful employment practice is alleged to have been com-
mitted, in the judicial district in which the employment
records relevant to such practice are maintained and ad-
ministered, or in the judicial district in which the aggrieved
person would have worked but for the alleged unlawful em-
ployment practice, but if the respondent is not found within
any such district, such an action may be brought within the
judicial district in which the respondent has his principal
office.” § 2000e-5(f)(3). The agency has not shown that
transfer to the District of Arizona is appropriate. We in-
stead transfer to the United States District Court for the
District of Colorado, where the employment action oc-
curred.
Accordingly,
I T I S O RDERED T HAT :
Case: 23-1329 Document: 35 Page: 2 Filed: 02/05/2024

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KENT v. SSA 3
Pursuant to 28 U.S.C. § 1631, this case and all trans-
mittals are transferred to the United States District Court
for the District of Colorado.
February 5, 2024
Date
F OR THE COURT
Case: 23-1329 Document: 35 Page: 3 Filed: 02/05/2024

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