Case: 22-1729 Document: 20 Page: 1 Filed: 07/05/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TIFFANY HARRIS,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2022-1729
______________________
Petition for review of the Merit Systems Protection
Board in No. AT-0752-21-0502-I-1.
______________________
Before PROST, BRYSON, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
Tiffany Harris has indicated that she wishes to con-
tinue to pursue her discrimination claim, ECF No. 5 at 3,
and in response to the court’s order to show cause as to ju-
risdiction, Ms. Harris requests transfer to the “United
States District Court the United States Eleventh Circuit
Court of Appeals.” ECF No. 15 at 1. The Department of
Veterans Affairs responds in support of transfer to the
United States District Court for the Northern District of
Alabama.
Case: 22-1729 Document: 20 Page: 2 Filed: 07/05/2022
2 HARRIS v. DVA
As this court explained in the show cause order, we lack
jurisdiction over this matter by operation of 5 U.S.C.
§ 7703(b)(2) but may transfer it to a court where the action
could have been brought pursuant to 28 U.S.C. § 1631. The
action could not have been brought directly in a court of
appeals but could have been brought in district court pur-
suant to 42 U.S.C. § 2000e-5. See also 5 U.S.C.
§ 7703(b)(2). The Department points out that the Northern
District of Alabama is the district court most convenient to
where Ms. Harris was employed at the time of the person-
nel action involved in this case.
Accordingly,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this matter and all trans-
mittals are transferred to the United States District Court
for the Northern District of Alabama.
FOR THE COURT
July 5, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court