Gloria R. Shackleford v. Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GLORIA R. SHACKLEFORD,
Petitioner
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent
______________________
2024-1646
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-844E-17-0640-I-2.
______________________
Before REYNA, L INN, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Gloria R. Shackleford seeks review of the final decision
of the Merit Systems Protection Board affirming the Office
of Personnel Management’s denial of disability retirement
benefits and rejecting her arguments that the denial was
due to discrimination on the basis of, inter alia, religion,
age, and retaliation for prior equal employment oppor-
tunity activity. In response to this court’s June 14, 2024
show cause order, OPM urges transfer or dismissal. Ms.
Shackleford has not responded.
Case: 24-1646 Document: 17 Page: 1 Filed: 12/11/2024

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SHACKLEFORD v. OPM 2
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), involving an alle-
gation of an action appealable to the Board and an allega-
tion that a basis for the action was covered discrimination.
§ 7702; Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437
(2017). Because Ms. Shackleford asserted discrimination
before the Board and wishes to continue to pursue those
claims, we transfer to the United States District Court for
the Western District of Texas, where it appears Ms. Shack-
leford’s relevant employment records may be maintained.
See 42 U.S.C. § 2000e-5(f)(3); 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
This matter and all case filings are transferred to the
United States District Court for the Western District of
Texas pursuant to 28 U.S.C. § 1631.
December 11, 2024
Date
F OR THE COURT
Case: 24-1646 Document: 17 Page: 2 Filed: 12/11/2024

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