Yeasin Bhuiyan v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
YEASIN BHUIYAN,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-1881
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-315H-24-0215-I-1.
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s July 17, 2024 show cause or-
der, the Merit Systems Protection Board urges transfer.
Yeasin Bhuiyan has not filed a response.
Mr. Bhuiyan filed an appeal at the Merit Systems Pro-
tection Board challenging his termination and raising an
affirmative defense of discrimination based on, among
other things, race and gender. An administrative judge
dismissed the appeal for lack of jurisdiction, and Mr. Bhui-
yan filed a petition for review with this court. In his filings
Case: 24-1881 Document: 15 Page: 1 Filed: 09/16/2024

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BHUIYAN v. MSPB 2
with this court, he indicates that he wishes to continue to
pursue his discrimination claims.
We transfer. Federal district courts, not this court,
have jurisdiction over “[c]ases of discrimination subject to
the provisions of [5 U.S.C. §] 7702,” § 7703(b)(2), which in-
volve an allegation of an action appealable to the Board and
an allegation that a basis for the action was covered dis-
crimination, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S.
420, 437 (2017). Here, as the Board notes, Mr. Bhuiyan
alleged before the Board that his termination was based,
at least in part, on covered discrimination, and he contin-
ues to pursue that claim. We agree with the Board that
transfer to the United States District Court for the South-
ern District of Ohio, where the employment action appears
to have occurred, is appropriate. 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 Southern District of
Ohio pursuant to 28 U.S.C. § 1631.
September 16, 2024
Date
F OR THE COURT
Case: 24-1881 Document: 15 Page: 2 Filed: 09/16/2024

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