Full Opinion

Case: 26-1727 Document: 27 Page: 1 Filed: 10/29/2026 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ROBERT E. PERDUE, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________ 2026-1727 ______________________ Petition for review of the Merit Systems Protection Board in No. AT-0752-24-0275-I-1. ______________________ Before CHEN, LINN, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER In response to this court’s show cause order, the De- partment of Veterans Affairs (“DVA”) urges dismissal or transfer. Robert E. Perdue urges the court to retain juris- diction. Lacking jurisdiction, we transfer. Mr. Perdue seeks judicial review of the Merit Systems Protection Board’s dismissal of his involuntary resignation action for lack of jurisdiction. Before the Board, Mr. Per- due raised claims of discrimination and prohibited person- nel practices including retaliation for Equal Employment Case: 26-1727 Document: 27 Page: 2 Filed: 10/29/2026 2 PERDUE v. DVA Opportunity (“EEO”) activities. In his statement concern- ing discrimination, Mr. Perdue indicates that he does not wish to abandon those claims. ECF No. 21 at 3. 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 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, 425–26, 437 (2017). Here, Mr. Perdue raises both dis- crimination claims and retaliation for filing an EEO com- plaint, such that we do not have jurisdiction. See Diggs v. Dep’t of Hous. & Urb. Dev., 670 F.3d 1353, 1358 (Fed. Cir. 2011) (holding that “affirmative defenses of reprisal for prior EEO activity” constitute assertions of covered dis- crimination). We deem it the better course to transfer, 28 U.S.C. § 1631, and agree with DVA that venue is appropri- ate in the United States District Court for the Northern District of Florida, where the employment action appears to have occurred. Accordingly, IT IS ORDERED THAT: This matter and all case filings are transferred to the United States District Court for the Northern District of Florida pursuant to 28 U.S.C. § 1631. FOR THE COURT October 29, 2026 Date