Sonja Lenette Davis v. Department of the Navy

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SONJA LENETTE DAVIS,
Petitioner
v.
DEPARTMENT OF THE NAVY,
Respondent
______________________
2024-2017
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-0752-22-0529-I-1.
______________________
Before REYNA, LINN , and STOLL, Circuit Judges.
PER C URIAM.
O R D E R
Sonja Lenette Davis petitions this court to review the
final decision of the Merit Systems Protection Board af-
firming her removal and rejecting her affirmative defenses
of discrimination on the basis of race, age, color, disability,
sex, and retaliation for prior equal employment oppor-
tunity activity. Responding to this court’s show cause or-
der, both parties request transfer to the United States
District Court for the District of South Carolina.
Case: 24-2017 Document: 14 Page: 1 Filed: 12/11/2024

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DAVIS v. NAVY 2
Because the district court is the appropriate forum for
judicial review of Board decisions involving agency actions
appealable to the Board and alleged to be based on certain
types of discrimination as well as retaliation, 5 U.S.C.
§ 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420
(2017); Diggs v. Dep’t of Hous. & Urb. Dev., 670 F.3d 1353,
1357 (Fed. Cir. 2011) (holding that the affirmative defense
of retaliation for prior EEO activity “falls outside [of the
court’s] jurisdictional reach”), we transfer to the District of
South Carolina. See 28 U.S.C. § 1631.
Accordingly,
IT IS O RDERED THAT:
The matter and all case filings are transferred to the
United States District Court for the District of South Car-
olina pursuant to 28 U.S.C. § 1631.
December 11, 2024
Date
FOR THE C OURT
Case: 24-2017 Document: 14 Page: 2 Filed: 12/11/2024

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