David Brooks v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DAVID BROOKS,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1650
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-3443-17-0032-I-1.
______________________
Before CHEN, MAYER , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Following this court’s order directing the parties to
show cause whether to dismiss or transfer David Brooks’
petition for review, we transfer the case to the United
States District Court for the Southern District of Texas.
We have jurisdiction to review final decisions from the
Merit Systems Protection Board, except in “[c]ases of dis-
crimination subject to the provisions of [5 U.S.C. § ]7702,”
5 U.S.C. §§ 7703(b)(2), (b)(1)(A). Those cases belong in fed-
eral district court. 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys.
Case: 23-1650 Document: 21 Page: 1 Filed: 08/21/2023

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BROOKS v. MSPB 2
Prot. Bd., 582 U.S. 420 (2017). Because Mr. Brooks’ sub-
missions to this court indicate that he raised a covered dis-
crimination claim before the Board and continues to seek
judicial review of his claim, we conclude that transfer is
appropriate, 28 U.S.C. § 1631, and, in agreement with the
Board’s request, ECF No. 20 at 4–5, transfer the case to the
Southern District of Texas.
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 Southern
District of Texas pursuant to 28 U.S.C. § 1631.
August 21, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarret B. Perlow
Clerk of Court
Case: 23-1650 Document: 21 Page: 2 Filed: 08/21/2023

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