Adrian E. Blair v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ADRIAN E. BLAIR,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2023-1626
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0752-16-0302-I-1.
______________________
Before L OURIE, M AYER, and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Because Adrian E. Blair asserted before the Merit Sys-
tems Protection Board that his removal was in violation of
federal antidiscrimination laws and indicated that he did
not wish to abandon his discrimination claims on judicial
review, this court directed the parties to show cause why
this case should not be transferred. Having now considered
the responses to that order, we transfer the case to the
United States District Court for the Northern District of
Texas.
Case: 23-1626 Document: 14 Page: 1 Filed: 10/30/2023

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BLAIR v. DVA 2
As respondent correctly notes, this is a “[c]ase[] of dis-
crimination subject to the provisions of [5 U.S.C. §] 7702,”
5 U.S.C. § 7703(b)(2). We lack jurisdiction over such a case,
which must instead be brought in federal district court.
Perry v. Merit Sys. Prot. Bd., 582 U.S. 420 (2017). Under
the circumstances, we find it appropriate to transfer pur-
suant to 28 U.S.C. § 1631 to the Northern District of Texas,
where the employment action occurred.
Accordingly,
I T I S O RDERED T HAT :
The petition for review and all of the filings are trans-
mitted to the United States District Court for the Northern
District of Texas pursuant to 28 U.S.C. § 1631.
October 30, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1626 Document: 14 Page: 2 Filed: 10/30/2023

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