Full Opinion

Case: 26-1466 Document: 19 Page: 1 Filed: 10/26/2026 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ANASTASIA MIDKIFF, Petitioner v. DEPARTMENT OF COMMERCE, Respondent ______________________ 2026-1466 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0432-23-0365-I-2. ______________________ Before CHEN, LINN, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER Anastasia Midkiff filed an appeal at the Merit Systems Protection Board challenging her removal. The Board af- firmed and rejected her claim of disability discrimination. Ms. Midkiff seeks our review, and in response to the court’s show cause order, the agency urges dismissal. Ms. Midkiff has not responded. Federal district courts, not this court, have jurisdiction over “[c]ases of discrimination subject to the provisions of [5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), which involve an Case: 26-1466 Document: 19 Page: 2 Filed: 10/26/2026 2 MIDKIFF v. COMMERCE allegation of an action appealable to the Board and an al- legation that a basis for the action was covered discrimina- tion, 5 U.S.C. § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437 (2017). Here, Ms. Midkiff alleged that her re- moval was based, at least in part, on covered discrimina- tion such that her case belongs in district court. Under such circumstances, we find it appropriate to transfer and leave the district court to address any further arguments raised by the agency. As to which district court, we agree with the agency that the United States District Court for the Eastern District of Texas is an appropriate court for Ms. Midkiff’s case. Accordingly, IT IS ORDERED THAT: This matter and all filings are transferred to the United States District Court for the Eastern District of Texas pursuant to 28 U.S.C. § 1631. FOR THE COURT October 26, 2026 Date