`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`GARY L. THURMAN,
`Petitioner
`
`v.
`
`UNITED STATES POSTAL SERVICE,
`Respondent
`______________________
`
`2022-2196
`______________________
`
`Petition for review of the Merit Systems Protection
`Board in No. AT-0752-17-0162-I-1.
`______________________
`
`Before DYK, BRYSON, and PROST, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`Having considered the parties’ responses to the court’s
`order to show cause, the court now transfers this case to
`the United States District Court for the Northern District
`of Georgia.
` Gary L. Thurman appealed to the Merit Systems Pro-
`tection Board, challenging his removal from the United
`States Postal Service. Before the Board, Mr. Thurman ar-
`gued that the Postal Service violated Title VII of the Civil
`Rights Act of 1964. After the Board issued its final decision
`
`
`
`
`
`
`
`Case: 22-2196 Document: 14 Page: 2 Filed: 12/22/2022
`
`2
`
`
`
`THURMAN v. USPS
`
`affirming the agency’s removal action, Mr. Thurman filed
`this petition to review that decision. Mr. Thurman states
`that he wishes to continue to pursue his Title VII claim,
`ECF No. 3 at 2; ECF No. 6; ECF No. 12.
`Although this court has jurisdiction to review certain
`decisions of the Board, in cases involving agency actions
`appealable to the Board and alleged to be based on Title
`VII discrimination, the appropriate forum for review is the
`district court. 5 U.S.C. § 7703(b)(2) (listing cases of dis-
`crimination under the Civil Rights Act of 1964); Perry v.
`Merit Sys. Prot. Bd., 137 S. Ct. 1975, 1985 (2017). Here,
`there appears to be no dispute that Mr. Thurman raised a
`discrimination claim before the Board, even though the
`Board declined to consider it on the grounds that it was
`unduly vague and not raised before the administrative
`judge.
`This court, under 28 U.S.C. § 1631, may, if in the inter-
`est of justice, transfer a case to another court where it
`“could have been brought at the time it was filed.” Here,
`the Postal Service asserts without contradiction that court
`is the Northern District of Georgia. While the Postal Ser-
`vice urges dismissal over transfer, contending that Mr.
`Thurman’s discrimination claim “is arguably frivolous,”
`ECF No. 13-1 at 9, we deem it the better course to transfer
`to allow the district court to consider any argument on the
`merits.
`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
`
`
`
`Case: 22-2196 Document: 14 Page: 3 Filed: 12/22/2022
`
`THURMAN v. USPS
`
` 3
`
`for the Northern District of Georgia.
`FOR THE COURT
`
`
`
` December 22, 2022
`/s/ Peter R. Marksteiner
` Date
`Peter R. Marksteiner
`Clerk of Court
`
`
`
`
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