`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`VELESA DRAUGHN,
`Petitioner
`
`v.
`
`DEPARTMENT OF THE ARMY,
`Respondent
`______________________
`
`2024-1430
`______________________
`
`Petition for review of the Merit Systems Protection
`Board in No. DC-0752-17-0527-I-1.
`______________________
`
`Before CHEN, LINN, and HUGHES, Circuit Judges.
`PER CURIAM.
`
`O R D E R
`Following this court’s February 22, 2024 show cause
`order, Velesa Draughn urges this court not to dismiss or
`transfer this matter, while the Department of the Army
`urges transfer.
`The Merit Systems Protection Board affirmed the
`Army’s removal of Ms. Draughn, rejecting her affirmative
`defenses that the removal was based on disability discrim-
`ination and retaliation for protected Equal Employment
`Opportunity (“EEO”) activity. Ms. Draughn seeks judicial
`
`
`
`
`
`
`
`Case: 24-1430 Document: 10 Page: 2 Filed: 04/12/2024
`
`2
`
`
`
`DRAUGHN v. ARMY
`
`review of the MSPB’s decision and her affirmative de-
`fenses.
`“Because [Ms. Draughn] complained of a personnel ac-
`tion serious enough to appeal to the MSPB”—here, her re-
`moval—“and alleged that the personnel action was based
`on,” among other things, “discrimination, [s]he brought a
`mixed case.” Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
`432 (2017) (cleaned up); see 5 U.S.C. § 7703(b)(2). “Judicial
`review of such a case lies in district court.” Perry, 582 U.S.
`at 432. Under the circumstances, we agree that transfer to
`the United States District Court for the District of Mary-
`land (where the employment action appears to have oc-
`curred) is appropriate. See 28 U.S.C. § 1631.
`Accordingly,
`IT IS ORDERED THAT:
`This matter and all case filings are transferred to the
`United States District Court for the District of Maryland
`pursuant to 28 U.S.C. § 1631.
`
`
`
`
`
`
`
`
`
`April 12, 2024
` Date
`
`
`
`
`
`
`
`
`
`
`FOR THE COURT
`
`
`
`
`
`
`
`
`
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`
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