Background
Carolyn Miller petitioned for review of the Merit Systems Protection Board’s dismissal of her appeal alleging that her resignation was involuntary.
Miller confirmed that she had asserted before the Board a claim of retaliation for prior equal employment opportunity activity and wished to pursue it. Responding to the Federal Circuit’s show-cause order, the Board urged transfer to the U.S. District Court for the Middle District of Georgia. Miller also requested transfer if the Federal Circuit lacked jurisdiction, while the Department of Defense filed no response.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit held that federal district courts, rather than the Federal Circuit, have jurisdiction over mixed cases involving both an action appealable to the MSPB and an allegation of covered discrimination. The court explained that retaliation for prior EEO activity generally falls outside its jurisdiction.
The court concluded that transfer was appropriate under 28 U.S.C. § 1631. Because the employment action appeared to have occurred in the Middle District of Georgia and Miller appeared to reside there, the court transferred the matter and all case filings to that district court.
Key Takeaways
- An MSPB appeal that includes a claim of retaliation for prior EEO activity belongs in federal district court rather than the Federal Circuit.
- The Federal Circuit did not decide whether Miller’s resignation was involuntary or whether retaliation occurred.
- The court transferred the entire matter to the Middle District of Georgia under 28 U.S.C. § 1631.
Why It Matters
The order reinforces the jurisdictional route for federal employees pursuing mixed cases arising from MSPB proceedings. When an appealable personnel action is paired with a covered discrimination claim, including retaliation for prior EEO activity, judicial review proceeds in district court.
Transfer under § 1631 can preserve a petitioner’s case when it was filed in a court that lacks jurisdiction, avoiding dismissal and allowing the claims to proceed in the proper forum.