Michael E. Stevenson, Jr. v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MICHAEL E. STEVENSON, JR.,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2024-1077
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0714-19-0524-I-1.
______________________
Before L OURIE, P ROST , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s December 6, 2023, order di-
recting the parties to show cause whether Michael E. Ste-
venson, Jr.’s petition for review should be dismissed or
transferred, Mr. Stevenson responds that he “wish[es] to
file a civil action . . . for racial and disability discrimina-
tion[] based on [the Merit Systems Protection Board’s] final
decision,” ECF No. 10 at 2, and the Department of Veterans
Affairs urges transfer to the United States District Court
Case: 24-1077 Document: 15 Page: 1 Filed: 01/24/2024

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STEVENSON v. DVA 2
for the Western District of Oklahoma. Mr. Stevenson also
files a motion for leave to proceed in forma pauperis.
We generally have jurisdiction to review final Board
decisions except in “[c]ases of discrimination subject to the
provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2),
which include Mr. Stevenson’s case: he alleged he was “af-
fected by an action which the employee . . . may appeal to
the [Board]” and “that a basis for the action was [covered]
discrimination,” § 7702(a)(1). Those cases (including
Mr. Stevenson’s) are to be brought in federal district court.
§ 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437
(2017); see Martin v. Dep’t of Veterans Affs., Appeal No.
2022-1010, ECF No. 22 (Fed. Cir. Feb. 11, 2022); Gates v.
Dep’t of Veterans Affs., Appeal No. 2020-2187, ECF No. 25
(Fed. Cir. Feb. 2, 2021).
Where we lack jurisdiction, and if it is in the interest of
justice, we will transfer a case to an appropriate court. 28
U.S.C. § 1631. Here, we agree with the parties and con-
clude that transfer to the Western District of Oklahoma,
where the employment action occurred, is appropriate.*
Accordingly,
* We note that Mr. Stevenson requests the court ap-
point an attorney for him and permit him to proceed with-
out paying the fees and cost of the civil action, but those
issues, among others, will be for the district court to decide.
Case: 24-1077 Document: 15 Page: 2 Filed: 01/24/2024

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STEVENSON v. DVA 3
I T I S O RDERED T HAT :
This matter and all of the filings are transmitted to the
United States District Court for the Western District of Ok-
lahoma pursuant to 28 U.S.C. § 1631.
January 24, 2024
Date
F OR THE COURT
Case: 24-1077 Document: 15 Page: 3 Filed: 01/24/2024

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