Carl Newhouse v. Department of the Air Force

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CARL NEWHOUSE,
Petitioner
v.
DEPARTMENT OF THE AIR FORCE,
Respondent
______________________
2025-1701
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-23-0400-I-1.
______________________
ON MOTION
______________________
Before REYNA, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
O R D E R
Carl Newhouse petitions this court to review the final
decision of the Merit Systems Protection Board dismissing
his involuntary resignation appeal. As before the Board,
Mr. Newhouse argues here, among other things, that his
resignation was based on disability discrimination. See
ECF No. 10 at 2, 3; Opening Br. at 2. The Department of
Case: 25-1701 Document: 21 Page: 1 Filed: 09/12/2025

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NEWHOUSE v. AIR FORCE 2
the Air Force moves to dismiss or transfer this case for lack
of jurisdiction. ECF No. 12. Mr. Newhouse opposes the
motion to dismiss or transfer and moves for “res judicata”
and for sanctions for “Violation of Federal Rule 11 Dilatory
Tactics.” ECF No. 17 at 2; ECF No. 18 at 1, 3; ECF No. 14.
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. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017).
Because Mr. Newhouse argued before the Board that his
resignation was based at least in part on covered discrimi-
nation and continues to pursue that allegation, jurisdiction
to review the Board’s decision lies in district court. Rather
than dismiss, we deem it the better course to transfer to
the United States District Court for the Western District of
Washington, where the employment action appears to have
occurred. See 28 U.S.C. § 1631.
Accordingly,
IT IS ORDERED THAT:
The Department’s motion, ECF No. 12, is granted to
the extent that the matter and all case filings are trans-
ferred to the United States District Court for the Western
District of Washington pursuant to 28 U.S.C. § 1631.
September 12, 2025
Date
FOR THE COURT
Case: 25-1701 Document: 21 Page: 2 Filed: 09/12/2025

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