Danny Lee v. Social Security Administration

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DANNY LEE,
Petitioner
v.
SOCIAL SECURITY ADMINISTRATION,
Respondent
______________________
2024-1719
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-18-0753-I-1.
______________________
Before LOURIE, CUNNINGHAM, and STARK , Circuit Judges.
PER C URIAM.
O R D E R
Danny Lee filed an appeal at the Merit Systems Pro-
tection Board challenging his resignation as involuntary
due to, among other things, discrimination. The Board’s
final decision dismissed the appeal. Mr. Lee petitioned this
court for review, and his filings indicate that he wishes to
continue to pursue his discrimination claims. See ECF No.
4. Responding to this court’s show cause order, the Social
Security Administration urges transfer. Mr. Lee’s re-
sponse appears to argue the merits of his appeal and
Case: 24-1719 Document: 11 Page: 1 Filed: 08/21/2024

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LEE v. SSA 2
requests that “this court accept [his] appeal.” ECF No. 10-
1 at 19.
We transfer this case. Federal district courts, not this
court, have jurisdiction over “[c]ases of discrimination sub-
ject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C.
§ 7703(b)(2), which involve an allegation of an action ap-
pealable to the Board and an allegation that a basis for the
action was covered discrimination. Perry v. Merit Sys. Prot.
Bd., 582 U.S. 420, 437 (2017). Here, Mr. Lee continues to
pursue the discrimination allegations he made before the
Board, so jurisdiction to review the Board’s decision lies in
district court. We agree with the agency that transfer to
the United States District Court for the Southern District
of California, where the employment action appears to
have occurred, is appropriate. See 28 U.S.C. § 1631.
Accordingly,
IT IS O RDERED THAT:
This matter and all case filings are transferred to the
United States District Court for the Southern District of
California pursuant to 28 U.S.C. § 1631.
August 21, 2024
Date
FOR THE C OURT
Case: 24-1719 Document: 11 Page: 2 Filed: 08/21/2024

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