Godwin Obot v. Department of Defense

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GODWIN OBOT,
Petitioner
v.
DEPARTMENT OF DEFENSE,
Respondent
______________________
2022-2195
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0752-20-0601-I-1.
______________________
ON MOTION
______________________
PER C URIAM.
O R D E R
The Department of Defense (“the agency”) moves to dis-
miss this petition for review for lack of jurisdiction. God-
win Obot has not responded.
Mr. Obot appealed his removal from the agency to the
Merit Systems Protection Board, alleging discrimination as
an affirmative defense. After the administrative judge is-
sued an initial decision affirming the agency’s removal, Mr.
Obot petitioned the Board for review. On July 7, 2022, the
Case: 22-2195 Document: 16 Page: 1 Filed: 12/22/2022

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OBOT v. DEFENSE 2
Board issued its final decision denying the petition and af-
firming the administrative judge’s decision. This court re-
ceived Mr. Obot’s petition for review on September 7, 2022.
His submissions before this court indicate that he wishes
to continue to pursue his discrimination claims. See ECF
No. 11 at 2–3; ECF No. 10.
We agree with the agency that this court lacks jurisdic-
tion over this case. Where, as here, certain types of dis-
crimination claims were asserted before the Board and the
petitioner seeks judicial review of such claims, the appro-
priate forum for review is federal district court. See
5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 137 S.
Ct. 1975, 1985 (2017). Although the agency urges dismis-
sal over transfer, we deem it appropriate to transfer, pur-
suant to 28 U.S.C. § 1631, to the United States District
Court for the Northern District of Ohio and for that court
to address any issues concerning timeliness.
Accordingly,
IT IS O RDERED THAT:
(1) The motion to dismiss, ECF No. 14, is denied.
(2) This case and all pending motions and other trans-
mittals are transferred to the United States District Court
for the Northern District of Ohio.
December 22, 2022
Date
FOR THE C OURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-2195 Document: 16 Page: 2 Filed: 12/22/2022

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