Anna Royer v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ANNA ROYER,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-2240
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-20-0245-I-1.
______________________
Before D YK, BRYSON, and T ARANTO, Circuit Judges.
P ER CURIAM .
O R D E R
Because Anna Royer pursued discrimination claims be-
fore the Merit Systems Protection Board and stated that
she does not wish to abandon those claims on judicial re-
view, the court directed the parties to show cause why this
case should not be transferred to a United States district
court. The Board argues that this is a “mixed case” and
urges transfer. Ms. Royer has not responded to the court’s
order, though she did file her opening brief asserting
Case: 23-2240 Document: 17 Page: 1 Filed: 01/25/2024

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ROYER v. MSPB 2
“harassment (sexual) from employees & managers,” ECF
No. 10 at 2.
“Cases of discrimination subject to the provisions of [5
U.S.C.] § 7702,” belong in district court. 5 U.S.C.
§ 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 432
(2017). Because this case meets the criteria of a case of
discrimination, we transfer pursuant to 28 U.S.C. § 1631 to
the United States District Court for the District of Colum-
bia, where the employment action occurred.
Accordingly,
I T I S O RDERED T HAT :
Pursuant to 28 U.S.C. § 1631, this case and all trans-
mittals are transferred to the United States District Court
for the District of Columbia.
January 25, 2024
Date
F OR THE COURT
Case: 23-2240 Document: 17 Page: 2 Filed: 01/25/2024

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