Scott Bennett v. Department of the Interior

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SCOTT BENNETT,
Petitioner
v.
DEPARTMENT OF THE INTERIOR,
Respondent
______________________
2026-1289
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-25-0045-I-1.
______________________
Before PROST, M AYER, and CUNNINGHAM, Circuit Judges.
PER C URIAM.
O R D E R
Scott Bennett filed an appeal at the Merit Systems Pro-
tection Board challenging the agency’s decision to remove
him from federal service. The Board affirmed the agency’s
decision and found that Mr. Bennett failed to prove his
claim of disability discrimination. Mr. Bennett petitions
for review, and we directed the parties to show cause be-
cause he indicated he continues to pursue that discrimina-
tion claim. In response to the court’s show cause order, the
agency urges dismissal. Mr. Bennett has not responded.
Case: 26-1289 Document: 10 Page: 1 Filed: 06/30/2026

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BENNETT v. INTERIOR 2
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,
425–26, 437 (2017). Here, Mr. Bennett alleged that his re-
moval was based, at least in part, on covered discrimina-
tion, and continues to pursue that claim, such that his case
belongs in district court. Under the circumstances of this
case, we find it appropriate to transfer to the United States
District Court for the Eastern District of California, where
the employment action appears to have occurred, which
may address, inter alia, any issues concerning timeliness.
Accordingly,
IT IS O RDERED THAT:
This matter and all filings are transferred to the
United States District Court for the Eastern District of Cal-
ifornia pursuant to 28 U.S.C. § 1631.
June 30, 2026
Date
FOR THE C OURT
Case: 26-1289 Document: 10 Page: 2 Filed: 06/30/2026

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