Mani v. Hhs

Case: 23-1520 Document: 12 Page: 1 Filed: 06/13/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VINCENT M. MANI,
Petitioner
v.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES,
Respondent
______________________
2023-1520
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-19-0577-I-3.
______________________
Before PROST, REYNA, and STARK, Circuit Judges.
PER CURIAM.
ORDER
Vincent M. Mani appealed his removal from the De-
partment of Health and Human Services to the Merit Sys-
tems Protection Board, alleging various affirmative
defenses of discrimination based on his disability, race, na-
tional origin, and religion. The Board affirmed the re-
moval, and Dr. Mani petitioned this court for review and
states that he wishes to continue to pursue his discrimina-
tion claims, see ECF No. 3 at 1–3; ECF No. 4-1 at 2.
Case: 23-1520 Document: 12 Page: 2 Filed: 06/13/2023
2 MANI v. HHS
Responding to the court’s order asking whether this
case should be transferred, Dr. Mani states that the United
States District Court for the District of Maryland “may be
the correct place for [his] case,” ECF No. 10 at 1. The De-
partment does not oppose transfer to that court. ECF No.
11. Because the district court is the appropriate forum for
judicial review of Board decisions involving agency actions
appealable to the Board and alleged to be based on certain
types of discrimination, 5 U.S.C. § 7703(b)(2); Perry v.
Merit Sys. Prot. Bd., 582 U.S. 420 (2017); Diggs v. Dep’t of
Hous. & Urb. Dev., 670 F.3d 1353, 1357 (Fed. Cir. 2011),
we agree that transfer is appropriate to the District of Mar-
yland. See 28 U.S.C. § 1631. Given our disposition, Dr.
Mani’s consolidation request, ECF No. 4-1 at 1; ECF No. 10
at 1, is best addressed to the district court.
Accordingly,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all trans-
mittals are transferred to the United States District Court
for the District of Maryland.
FOR THE COURT
June 13, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Acting Clerk of Court