Background
Anastasia Midkiff challenged her removal from federal employment before the Merit Systems Protection Board. The Board affirmed the removal and rejected her claim that the Department of Commerce had discriminated against her based on disability.
Midkiff petitioned the Federal Circuit for review. After the court issued a show-cause order, the agency urged dismissal, and Midkiff did not respond.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit concluded that it lacked jurisdiction because Midkiff alleged both an action appealable to the Board and covered discrimination. Under 5 U.S.C. §§ 7702 and 7703(b)(2), such a mixed case belongs in federal district court rather than the Federal Circuit.
Instead of dismissing the petition, the court transferred the matter and all filings under 28 U.S.C. § 1631 to the U.S. District Court for the Eastern District of Texas. It left that court to address any further arguments raised by the agency and did not decide the merits of Midkiff’s removal or discrimination claim.
Key Takeaways
- A federal employee’s case alleging both an MSPB-appealable personnel action and covered discrimination must proceed in federal district court.
- The Federal Circuit transferred the case rather than dismissing it for lack of jurisdiction.
- The transfer order did not resolve the merits of Midkiff’s removal challenge or disability-discrimination claim.
Why It Matters
The order reinforces the jurisdictional rule governing federal-employment mixed cases: when an employee combines an appealable personnel claim with a covered discrimination allegation, review belongs in district court even if the MSPB rejected the discrimination claim.
It also shows that transfer under 28 U.S.C. § 1631 may preserve a case filed in the wrong federal court while leaving substantive and procedural defenses for the receiving court.