Lance McDermott v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LANCE MCDERMOTT,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
UNITED STATES POSTAL SERVICE,
Intervenor
______________________
2024-1788
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-20-0705-I-1.
______________________
Before REYNA, L INN, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Lance McDermott seeks review of the Merit Systems
Protection Board’s decision dismissing his involuntary re-
tirement appeal alleging disability discrimination. In re-
sponse to this court’s show cause order, the Board and the
United States Postal Service urge transfer to district court;
Mr. McDermott asks this court to retain jurisdiction.
Case: 24-1788 Document: 31 Page: 1 Filed: 11/21/2024

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MCDERMOTT v. MSPB 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 Mr. McDermott pursued his discrimina-
tion claims before the Board and wishes to continue to pur-
sue those claims on judicial review, we agree with the
Board and the Postal Service that transfer to the United
States District Court for the Western District of Washing-
ton, where the employment action appears to have oc-
curred, is appropriate. See 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
Washington pursuant to 28 U.S.C. § 1631.
November 21, 2024
Date
F OR THE COURT
Case: 24-1788 Document: 31 Page: 2 Filed: 11/21/2024

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