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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`NOTE: This order is nonprecedential.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.
`
`O R D E R
`The Department of Defense (“the agency”) moves to dis-
`
`miss this petition for review for lack of jurisdiction. God-
`win 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 is-
`sued 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 Page: 2 Filed: 12/22/2022
`
`2
`
`
`
`OBOT v. DEFENSE
`
`Board issued its final decision denying the petition and af-
`firming the administrative judge’s decision. This court re-
`ceived 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 jurisdic-
`tion over this case. Where, as here, certain types of dis-
`crimination claims were asserted before the Board and the
`petitioner seeks judicial review of such claims, the appro-
`priate 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 dismis-
`sal over transfer, we deem it appropriate to transfer, pur-
`suant 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 trans-
`mittals are transferred to the United States District Court
`for the Northern District of Ohio.
`
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`December 22, 2022
` Date
`
`
`
`

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