Clarence Edward Baldwin v. Department of Energy

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CLARENCE EDWARD BALDWIN,
Petitioner
v.
DEPARTMENT OF ENERGY,
Respondent
______________________
2024-1332
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-315H-20-0077-I-1.
______________________
ON MOTION
______________________
Before CHEN, L INN, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
On January 31, 2024, this court issued a show cause
order directing the parties to address whether this court
had jurisdiction. The Department of Energy (“DOE”) re-
sponds urging transfer. Clarence Edward Baldwin appears
to assert in his motion (ECF No. 12) that this court has ju-
risdiction, and he files a corrected statement concerning
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BALDWIN v. ENERGY 2
discrimination purporting to abandon his discrimination
claims.
Mr. Baldwin filed an Equal Employment Opportunity
(“EEO”) complaint with DOE alleging discriminatory per-
sonnel actions including alleged termination. DOE found
no discrimination. Mr. Baldwin appealed that decision to
the Merit Systems Protection Board, and, on Novem-
ber 22, 2019, the Board’s administrative judge issued an
initial decision dismissing for lack of jurisdiction, which the
Board affirmed. Mr. Baldwin seeks this court’s review of
the Board’s decision.
Separately, Mr. Baldwin pursued review of the
agency’s EEO decision with the Equal Employment Oppor-
tunity Commission, which affirmed on July 12, 2021. On
October 8, 2021, Mr. Baldwin filed suit in the United States
District Court for the District of Columbia, requesting,
among other things, an order “directing the Defendant to
promote the Plaintiff to the position of GS-13 with back pay
and benefits.” Baldwin v. Granholm, No. 21-cv-2646, Dkt.
No. 1 at 8 (D.D.C. Oct. 8, 2021). That case remains pend-
ing.
This court lacks jurisdiction over Mr. Baldwin’s peti-
tion for review. 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)—i.e.,
where an employee has made a non-frivolous allegation re-
garding an action appealable to the Board and that the ac-
tion was based, at least in part, on covered discrimination.
Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017).
Before the Board, Mr. Baldwin pursued discrimination
claims raised in his EEO complaint. Now, Mr. Baldwin’s
corrected statement concerning discrimination indicates
that he “wish[es] to abandon those discrimination claims
and only pursue civil-service claims in the Federal Circuit
rather than pursu[e] discrimination claims and civil-ser-
vice claims in district court,” ECF No. 12-2 at 19–21.
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BALDWIN v. ENERGY 3
However, Mr. Baldwin has not actually abandoned his dis-
crimination claims; he simply seeks to pursue them in his
pending district court case instead. That is not permitted.
“Congress did not direct or contemplate bifurcated review”
under these circumstances, Williams v. Dep’t of Army, 715
F.2d 1485, 1490 (Fed. Cir. 1983) (en banc), so “a petitioner
cannot challenge the non-discrimination issues here while
challenging the discrimination issues in district court,”
Punch v. NASA, No. 2016-1804, ECF No. 28 at 4 (Fed. Cir.
Apr. 26, 2017).
Under the circumstances, we agree with DOE that we
lack jurisdiction because Mr. Baldwin is seeking overlap-
ping relief from both this court and the district court. We
further agree with DOE that transfer to the United States
District Court for the District of Columbia (the district
where Mr. Baldwin was employed and where his discrimi-
nation claims are pending) is appropriate. See 28 U.S.C.
§ 1631.
Accordingly,
I T I S O RDERED T HAT :
(1) ECF No. 12 is denied.
(2) This matter and all its filings are transferred to the
United States District Court for the District of Columbia
pursuant to 28 U.S.C. § 1631.
April 12, 2024
Date
F OR THE COURT
Case: 24-1332 Document: 14 Page: 3 Filed: 04/12/2024

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