Timothy W. Morris v. National Aeronautics and Space Administration

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TIMOTHY W. MORRIS,
Petitioner
v.
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Respondents
______________________
2025-1966, 2025-1965
______________________
Petitions for review of the Merit Systems Protection
Board in Nos. AT-0752-22-0094-I-1, AT-0731-22-0113-I-1,
AT-531D-22-0094-I-1, and AT-3443-22-0114-I-1.
______________________
Before STOLL, WALLACH, and CUNNINGHAM, Circuit
Judges.
PER CURIAM.
O R D E R
Timothy W. Morris seeks judicial review of a Merit Sys-
tems Protection Board decision joining and dismissing
Case: 25-1966 Document: 21 Page: 1 Filed: 01/22/2026

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MORRIS v. NASA 2
three appeals from alleged personnel actions.1 Because
Mr. Morris’s submissions indicated he raised discrimina-
tion claims before the Board and wishes to pursue those
claims, we directed the parties to show cause whether this
matter should be transferred. The National Aeronautics
and Space Administration responds in favor of transfer.
Mr. Morris 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
allegation of an action appealable to the board and an alle-
gation that a basis for the action was covered discrimina-
tion, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
437 (2017). Here, the parties appear to agree that Mr. Mor-
ris alleged that the challenged employment actions were
based at least in part on covered discrimination. ECF Nos.
6, 12. Under such circumstances, we find it appropriate to
transfer to the United States District Court for the Middle
District of Florida, where it appears the employment action
occurred and Mr. Morris resides. 28 U.S.C. § 1631.
Accordingly,
1 Specifically, the Board’s decision joined Mr. Mor-
ris’s appeals alleging that he was wrongfully denied a pay
increase, that he was subject to a negative suitability de-
termination, and that his retirement was involuntary.
Case: 25-1966 Document: 21 Page: 2 Filed: 01/22/2026

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MORRIS v. NASA 3
IT IS ORDERED THAT:
This matter and all filings are transferred to the
United States District Court for the Middle District of Flor-
ida pursuant to 28 U.S.C. § 1631.
January 22, 2026
Date
FOR THE COURT
Case: 25-1966 Document: 21 Page: 3 Filed: 01/22/2026

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