Patrick Takeuchi v. Department of the Army

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PATRICK TAKEUCHI,
Petitioner
v.
DEPARTMENT OF THE ARMY,
Respondent
______________________
2024-1025
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-17-0288-I-1.
______________________
ON MOTION
______________________
Before D YK, BRYSON, and T ARANTO, Circuit Judges.
P ER CURIAM .
O R D E R
Patrick Takeuchi submits a motion for leave to proceed
in forma pauperis. The Department of the Army moves to
transfer this case to the United States District Court for
the District of Hawaii. ECF No. 7 at 1. The Department
states that the Merit Systems Protection Board consents.
Mr. Takeuchi opposes transfer.
Case: 24-1025 Document: 12 Page: 1 Filed: 01/25/2024

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TAKEUCHI v. ARMY 2
Mr. Takeuchi filed the underlying appeal at the Board,
arguing that his removal was due to, among other things,
sex and age discrimination. The Board dismissed the ap-
peal, concluding that it lacked jurisdiction because Mr.
Takeuchi had already filed a civil action in Hawaii assert-
ing that his removal was the result of discrimination.
“Cases of discrimination subject to the provisions of [5
U.S.C.] § 7702” (i.e., mixed cases) belong in district court.
5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 582 U.S.
420, 432 (2017); 5 U.S.C. § 7702(a)(1). Whatever the merits
of Mr. Takeuchi’s appeal, as the administrative judge here
noted, Mr. Takeuchi brought a “mixed case appeal given its
substance,” ECF No. 6 at 14, and his filings in this court
indicate that he seeks judicial review of his discrimination
claims. We accordingly grant the motion and transfer pur-
suant to 28 U.S.C. § 1631 to the District of Hawaii, where
the employment action occurred.
Accordingly,
I T I S O RDERED T HAT :
The motion to transfer is granted to the extent that this
case and all transmittals are transferred, pursuant to 28
U.S.C. § 1631, to the United States District Court for the
District of Hawaii.
January 25, 2024
Date
F OR THE COURT
Case: 24-1025 Document: 12 Page: 2 Filed: 01/25/2024

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