Cora A. Metz v. John M. McHugh, SECRETARY, DEPARTMENT OF THE ARMY

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CORA A. METZ,
Petitioner,
v.
John M. McHugh, SECRETARY, DEPARTMENT OF
THE ARMY,
Respondent.
______________________
2013-3107
______________________
Petition for review of the Merit Systems Protection
Board in No. DC0752110154-I-1.
______________________
ON MOTION
______________________
Before N EWMAN, P ROST , and REYNA, Circuit Judges.
REYNA, Circuit Judge.
O R D E R
The Department of the Army moves to transfer the
petition for review to the district court. Cora Metz re-
sponds, agreeing the petition should be transferred.
Case: 13-3107 Document: 25 Page: 1 Filed: 11/21/2013

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METZ v. MCHUGH 2
Metz appeals the decision of the United States Equal
Employment Opportunity Commission (“EEOC”) concur-
ring with the final decision of the Merit Systems Protec-
tion Board finding no discrimination.
This court lacks jurisdiction to hear Metz’s appeal. “If
an employee loses her mixed case appeal on the merits of
her discrimination claim, she may obtain further review
of the adverse decision, either from a district court or from
the EEOC and then (if necessary) a district court, but not
from this court.” Conforto v. Merit Sys. Prot. Bd., 703
F.3d 1111, 1116 (Fed. Cir. 2013) (citing
5 U.S.C. §§ 7702(a)(3), 7703(b)(2); 29 C.F.R. § 1614.303-
310). Indeed, the EEOC’s decision expressly states that
Metz has “the right to file a civil action in an appropriate
United States District Court based on the decision of the
Merit Systems Protection Board, within thirty (30) calen-
dar days of the date that [she] receive[d] th[e] decision.”
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted and the appeal is trans-
ferred to the United States District Court for the District
of Columbia pursuant to 28 U.S.C. § 1631.
(2) All pending motions are denied as moot.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
ISSUED AS A MANDATE: November 21, 2013
Case: 13-3107 Document: 25 Page: 2 Filed: 11/21/2013

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