Eric T. Muller v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC T. MULLER,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-1844
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-22-0373-I-1.
______________________
Before P ROST , BRYSON, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Eric T. Muller petitions this court to review the final
decision of the Merit Systems Protection Board dismissing
his appeal in which he alleged involuntary retirement
based, in part, on disability discrimination. In response to
this court’s July 24, 2024 show cause order, the Board
urges transfer; Mr. Muller confirms he does “not want to
waive” his discrimination claim. ECF No. 14 at 4.
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
Case: 24-1844 Document: 15 Page: 1 Filed: 11/08/2024

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MULLER v. MSPB 2
[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. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017).
Because Mr. Muller is pursuing a case of discrimination
here, we transfer pursuant to 28 U.S.C. § 1631 to the
United States District Court for the District of Oregon,
where the employment action occurred.
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 Oregon pur-
suant to 28 U.S.C. § 1631.
November 8, 2024
Date
F OR THE COURT
Case: 24-1844 Document: 15 Page: 2 Filed: 11/08/2024

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