Wicks v. MSPB ( 2023 )


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  • Case: 23-2053    Document: 13      Page: 1    Filed: 12/15/2023
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    ANJANETTE WICKS,
    Petitioner
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent
    ______________________
    2023-2053
    ______________________
    Petition for review of the Merit Systems Protection
    Board in No. AT-0752-17-0749-I-1.
    ______________________
    Before PROST, HUGHES, and STOLL, Circuit Judges.
    PER CURIAM.
    ORDER
    Because Anjanette Wicks asserted before the Merit
    Systems Protection Board that her removal was in viola-
    tion of federal antidiscrimination laws and indicated that
    she did not wish to abandon her discrimination claims on
    judicial review, this court directed the parties to show
    cause why this case should not be transferred. Ms. Wicks
    has not responded. The Board requests transfer to the
    United States District Court for the Middle District of Flor-
    ida. See ECF No. 12 at 6–7.
    Case: 23-2053     Document: 13     Page: 2    Filed: 12/15/2023
    2                                              WICKS v. MSPB
    As respondent correctly notes, this is a “[c]ase[] of dis-
    crimination subject to the provisions of [5 U.S.C. §] 7702,”
    
    5 U.S.C. § 7703
    (b)(2). We lack jurisdiction over such a case,
    which must instead be brought in federal district court.
    Perry v. Merit Sys. Prot. Bd., 
    582 U.S. 420
    , 432 (2017). Un-
    der the circumstances, we find it appropriate to transfer
    pursuant to 
    28 U.S.C. § 1631
     to the Middle District of Flor-
    ida, where the employment action occurred.
    Accordingly,
    IT IS ORDERED THAT:
    The petition for review and all filings are transmitted
    to the United States District Court for the Middle District
    of Florida pursuant to 
    28 U.S.C. § 1631
    .
    FOR THE COURT
    December 15, 2023
    Date
    

Document Info

Docket Number: 23-2053

Filed Date: 12/15/2023

Precedential Status: Non-Precedential

Modified Date: 12/15/2023