Debbra L. Roper v. Department of Agriculture

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DEBBRA L. ROPER,
Petitioner
v.
DEPARTMENT OF AGRICULTURE,
Respondent
______________________
2026-1039
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-0752-24-0303-I-1.
______________________
Before STOLL, WALLACH, and CUNNINGHAM, Circuit
Judges.
PER CURIAM.
O R D E R
Debbra L. Roper filed an appeal at the Merit Systems
Protection Board challenging the Department of Agricul-
ture’s decision to remove her from federal service. The
Board affirmed the agency’s decision and found that Ms.
Roper failed to prove her claim of disability discrimination.
In response to this court’s show cause order, the Depart-
ment of Agriculture urges dismissal or transfer to a district
Case: 26-1039 Document: 17 Page: 1 Filed: 01/21/2026

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ROPER v. DEPARTMENT OF AGRICULTURE 2
court, and Ms. Roper urges transfer to the United States
District Court for the District of New Mexico. ECF No. 16.
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, § 7702. Perry v. Merit Sys. Prot. Bd., 582 U.S. 420,
437 (2017). Here, Ms. Roper alleged that her removal was
based, at least in part, on covered discrimination and con-
tinues to pursue those allegations such that her case be-
longs in district court. Under such circumstances, we find
it appropriate to transfer to the United States District
Court for the District of New Mexico, where the employ-
ment action appears to have occurred. 28 U.S.C. § 1631.
Accordingly,
IT IS ORDERED THAT:
This matter and all filings are transferred to the
United States District Court for the District of New Mexico
pursuant to 28 U.S.C. § 1631.
January 21, 2026
Date
FOR THE COURT
Case: 26-1039 Document: 17 Page: 2 Filed: 01/21/2026

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