OBOT v. DEFENSE , No. 22-2195 (Fed. Cir. 2022)
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Case: 22-2195 Document: 16 Page: 1 Filed: 12/22/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ GODWIN OBOT, Petitioner v. DEPARTMENT OF DEFENSE, Respondent ______________________ 2022-2195 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0752-20-0601-I-1. ______________________ ON MOTION ______________________ PER CURIAM. ORDER The Department of Defense (“the agency”) moves to dismiss this petition for review for lack of jurisdiction. Godwin Obot has not responded. Mr. Obot appealed his removal from the agency to the Merit Systems Protection Board, alleging discrimination as an affirmative defense. After the administrative judge issued an initial decision affirming the agency’s removal, Mr. Obot petitioned the Board for review. On July 7, 2022, the Case: 22-2195 Document: 16 2 Page: 2 Filed: 12/22/2022 OBOT v. DEFENSE Board issued its final decision denying the petition and affirming the administrative judge’s decision. This court received Mr. Obot’s petition for review on September 7, 2022. His submissions before this court indicate that he wishes to continue to pursue his discrimination claims. See ECF No. 11 at 2–3; ECF No. 10. We agree with the agency that this court lacks jurisdiction over this case. Where, as here, certain types of discrimination claims were asserted before the Board and the petitioner seeks judicial review of such claims, the appropriate forum for review is federal district court. See 5 U.S.C. § 7703(b)(2); Perry v. Merit Sys. Prot. Bd., 137 S. Ct. 1975, 1985 (2017). Although the agency urges dismissal over transfer, we deem it appropriate to transfer, pursuant to 28 U.S.C. § 1631, to the United States District Court for the Northern District of Ohio and for that court to address any issues concerning timeliness. Accordingly, IT IS ORDERED THAT: (1) The motion to dismiss, ECF No. 14, is denied. (2) This case and all pending motions and other transmittals are transferred to the United States District Court for the Northern District of Ohio. FOR THE COURT December 22, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
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