Quito I. Nehemiah v. Director of the Office of Personnel Management

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
QUITO I. NEHEMIAH,
Petitioner
v.
DIRECTOR OF THE OFFICE OF PERSONNEL
MANAGEMENT,
Respondent
______________________
2024-1575
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-0731-23-0243-I-1.
______________________
ON MOTION
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s July 2, 2024 order directing
the parties to address this court’s jurisdiction, Quito I. Ne-
hemiah moves to transfer the case to district court and the
Director of the Office of Personnel Management agrees that
transfer is appropriate.
Case: 24-1575 Document: 34 Page: 1 Filed: 09/17/2024

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NEHEMIAH v. OPM 2
Mr. Nehemiah appealed his negative suitability deci-
sion from the Office of Personnel Management to the Merit
Systems Protection Board, asserting, among other things,
discrimination based on race and gender. In his filings
with this court, Mr. Nehemiah continues to seek review of
his discrimination claims.
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C. §] 7702,” § 7703(b)(2), which involve an allegation
of an action appealable to the Board and an allegation that
a basis for the action was covered discrimination, § 7702(a).
Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017).
Here, Mr. Nehemiah brought a mixed case before the
Board and he seeks judicial review of his discrimination
claims such that his case belongs in district court. We
agree with the Director that transfer to the United States
District Court for the District of New Mexico, where it ap-
pears Mr. Nehemiah would have worked but for the alleged
unlawful employment practice, is appropriate under 28
U.S.C. § 1631. See 42 U.S.C. § 2000e-5(f)(3).
Upon consideration thereof,
I T I S O RDERED T HAT :
The motion to transfer is granted to the extent that this
matter and all case filings are transferred to the United
States District Court for the District of New Mexico pursu-
ant to 28 U.S.C. § 1631.
September 17, 2024
Date
F OR THE COURT
Case: 24-1575 Document: 34 Page: 2 Filed: 09/17/2024

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