Tywanna Jo Taylor v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TYWANNA JO TAYLOR,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-2196
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-315H-24-0325-I-1.
______________________
Before D YK, CUNNINGHAM , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Tywanna Jo Taylor appealed her removal to the Merit
Systems Protection Board and alleged, in relevant part,
that a basis for her removal was discrimination based on
sex and color. In her filings in this court, Ms. Taylor con-
tinues to seek review of her discrimination claims. On Oc-
tober 29, 2024, the court directed the parties to address
whether we have jurisdiction. In response to that order,
the Board urges transfer while Ms. Taylor has not filed a
response.
Case: 24-2196 Document: 12 Page: 1 Filed: 01/14/2025

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TAYLOR v. MSPB 2
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which involve an
allegation of an action appealable to the Board and an al-
legation that a basis for the action was covered discrimina-
tion, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
437 (2017). Here, Ms. Taylor alleged that her removal was
based, at least in part, on covered discrimination such that
her case belongs in district court. We agree with the Board
that transfer to the United States District Court for the
District of Kansas, where the employment action appears
to have occurred, is appropriate. See 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
This matter and all case filings are transferred to the
United States District Court for the District of Kansas pur-
suant to 28 U.S.C. § 1631.
January 14, 2025
Date
F OR THE COURT
Case: 24-2196 Document: 12 Page: 2 Filed: 01/14/2025

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