Case: 23-1617 Document: 17 Page: 1 Filed: 10/04/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CYNTHIA LIPSCOMB,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2023-1617
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0752-22-0468-I-1.
______________________
ON MOTION
______________________
Before DYK, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
ORDER
Because Cynthia Lipscomb pursued discrimination
claims before the Merit Systems Protection Board and
stated that she did not wish to abandon those claims on
judicial review, the court directed the parties to show cause
why this case should not be transferred to a United States
Case: 23-1617 Document: 17 Page: 2 Filed: 10/04/2023
2 LIPSCOMB v. MSPB
district court. Ms. Lipscomb has not responded. The Board
urges transfer.
We have jurisdiction to review final decisions from the
Board, except in “[c]ases of discrimination subject to the
provisions of [5 U.S.C. §] 7702,” 5 U.S.C. §§ 7703(b)(2),
(b)(1)(A). Those “mixed case[s],” which involve adverse ac-
tions appealable to the Board and allegations of covered
discrimination, 5 U.S.C. § 7702(a)(1), belong in district
court, 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd.,
582 U.S. 420, 431-32 (2017). Because we conclude that this
is a mixed case, we find it appropriate to transfer pursuant
to 28 U.S.C. § 1631 to the United States District Court for
the Northern District of Illinois, where Ms. Lipscomb re-
sides and where the employment action occurred.
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 Northern District of Illinois.
FOR THE COURT
October 4, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Clerk of Court