Gabriel Kotsis v. Department of Transportation

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GABRIEL KOTSIS,
Petitioner
v.
DEPARTMENT OF TRANSPORTATION,
Respondent
______________________
2024-1920
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-0432-16-0006-B-1.
______________________
ON MOTION
______________________
Before L OURIE, C UNNINGHAM , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Gabriel Kotsis filed an appeal at the Merit Systems
Protection Board challenging his removal and raising,
among other things, affirmative defenses of disability dis-
crimination and reprisal for engaging in Equal Employ-
ment Opportunity activity. The Board’s final decision
affirmed. Mr. Kotsis petitioned this court for review, and
Case: 24-1920 Document: 10 Page: 1 Filed: 08/21/2024

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KOTSIS v. DEPARTMENT OF TRANSPORTATION 2
his filings indicate that he wishes to continue to pursue his
discrimination and retaliation claims. The agency moves
to waive Federal Circuit Rule 27(f) and dismiss or transfer
this matter. Mr. Kotsis has not filed a response to the mo-
tion.
We transfer this case. Federal district courts, not this
court, have jurisdiction over “[c]ases of discrimination sub-
ject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C.
§ 7703(b)(2), which involve an allegation of an action ap-
pealable to the Board and an allegation that a basis for the
action was covered discrimination. Perry v. Merit Sys. Prot.
Bd., 582 U.S. 420, 437 (2017). Here, Mr. Kotsis continues
to pursue the allegations he made before the Board that his
removal was the result of covered discrimination, so juris-
diction to review the Board’s decision lies in district court.
We transfer to the United States District Court for the
Northern District of Georgia, where the employment action
appears to have occurred. See 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
The motion is granted to the extent that the matter and
all case filings are transferred to the United States District
Court for the Northern District of Georgia pursuant to 28
U.S.C. § 1631.
August 21, 2024
Date
F OR THE COURT
Case: 24-1920 Document: 10 Page: 2 Filed: 08/21/2024

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