Midkiff v. Commerce
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 26, 2026
Docket26-1466
StatusUnpublished
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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NOTE: This order is nonprecedential.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