Vera Davis-Clewis v. Department of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VERA DAVIS-CLEWIS,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2025-1237
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0752-23-0162-I-1.
______________________
ON MOTION
______________________
Before T ARANTO, STOLL , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Vera Davis-Clewis appealed her alleged involuntary
demotion and reduction in grade to the Merit Systems Pro-
tection Board and raised affirmative defenses of discrimi-
nation. In her filings before this court, Ms. Davis-Clewis
indicates that she continues to pursue her discrimination
claims, such that this court ordered the parties to show
Case: 25-1237 Document: 16 Page: 1 Filed: 02/28/2025

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DAVIS- CLEWIS v. DVA 2
cause whether this matter should be dismissed or trans-
ferred to an appropriate court. The Department of Veter-
ans Affairs urges dismissal or transfer. Ms. Davis-Clewis
opposes dismissal or transfer.
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), which involve an
allegation of an action appealable to the Board and an al-
legation that a basis for the action was covered discrimina-
tion, § 7702(a). Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
437 (2017). Here, Ms. Davis-Clewis raised claims of cov-
ered discrimination before the Board and continues to seek
review of those claims, such that we lack jurisdiction. We
conclude that transfer to the United States District Court
for the Northern District of Texas, 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 Northern District of
Texas pursuant to 28 U.S.C. § 1631.
February 28, 2025
Date
F OR THE COURT
Case: 25-1237 Document: 16 Page: 2 Filed: 02/28/2025

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