James McHugh v. Secretary of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JAMES MCHUGH,
Petitioner
v.
SECRETARY OF VETERANS AFFAIRS,
Respondent
______________________
2023-1616
______________________
Petition for review.
______________________
ON MOTION
______________________
Before P ROST , REYNA, and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
The Secretary of Veterans Affairs moves to dismiss for
lack of jurisdiction. The Secretary states that James
McHugh opposes the motion.
Mr. McHugh filed his “notice of appeal,” ECF No. 1-2
at 1, on December 8, 2022, identifying an October 13, 2022,
final agency decision of the Department of Veterans Affairs
Office of Employment Discrimination Complaint
Case: 23-1616 Document: 10 Page: 1 Filed: 06/13/2023

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MCHUGH v. SECRETARY OF VETERANS AFFAIRS 2
Adjudication.* The decision stated that Mr. McHugh had
a right to file a civil action within 90 days of receipt.
The Secretary correctly argues that this court lacks ju-
risdiction to review this decision. Cf. 28 U.S.C. § 1295; 38
U.S.C. §§ 502, 7292. However, the Secretary also correctly
notes that pursuant to 42 U.S.C. § 2000e-16(c), Mr.
McHugh could have brought this case in a United States
district court at the time it was filed here. When we lack
jurisdiction, this court shall, pursuant to 28 U.S.C. § 1631,
transfer a civil action, if in the interest of justice, to another
court where it could have been filed. Under the circum-
stances, we conclude that transfer is appropriate and agree
with the Secretary’s uncontradicted contention that the ap-
propriate destination is the United States District Court
for the Southern District of Ohio. See, e.g., ECF No. 1-2 at
2 (noting that the relevant events occurred at a Veterans
Affairs medical center in Cincinnati, Ohio).
Accordingly,
I T I S O RDERED T HAT :
(1) The Secretary’s motion is granted only to the ex-
tent that this case and all transmittals are transferred pur-
suant to 28 U.S.C. § 1631 to the United States District
Court for the Southern District of Ohio.
* Mr. McHugh’s notice is dated “8/12/2022,” and in-
dicates he seeks review of a decision issued on that date,
ECF No. 1-2 at 1, but he attaches the October 13, 2022,
decision.
Case: 23-1616 Document: 10 Page: 2 Filed: 06/13/2023

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MCHUGH v. SECRETARY OF VETERANS AFFAIRS 3
(2) Any other pending motion is denied.
June 13, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Acting Clerk of Court
Case: 23-1616 Document: 10 Page: 3 Filed: 06/13/2023

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