This morning, the Federal Circuit released two nonprecedential opinions and three nonprecedential orders. One opinion dismisses an appeal for lack of jurisdiction. Another opinion affirms a decision of the Merit Systems Protection Board to sustain the removal of a former employee of the Army. Two of the orders transfer cases to district courts and the third transfers a case to the Court of Appeals for the Eleventh Circuit. Here are the introductions to the opinions and text from the orders.
Martin v. McDonough (Nonprecedential Opinion)
Grover Martin appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) affirming the denial by the Board of Veterans’ Appeals (“Board”) of service connection for an acquired psychiatric disorder. Because Mr. Martin’s appeal raises only issues outside this court’s jurisdiction, we dismiss.
Watanabe v. Department of the Army (Nonprecedential Opinion)
Former Department of the Army (“the Army”) employee Colin Watanabe appeals a decision of the Merit Systems Protection Board (“the Board”) sustaining his removal for conduct unbecoming a supervisor. Watanabe v. Dep’t of the Army, No. SF-0752-21-0264-I-1, 2021 WL 5994229 (M.S.P.B. Dec. 17, 2021) (“Decision”), Pet. Br. 4–28. For the following reasons, we affirm.
Lipscomb v. Merit Systems Protection Board (Nonprecedential Order)
Because we conclude that this is a mixed case, we find it appropriate to transfer pursuant to 28 U.S.C. § 1631 to the United States District Court for the Northern District of Illinois, where Ms. Lipscomb resides and where the employment action occurred.
Accordingly, IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States District Court for the Northern District of Illinois.
Wiegand v. Department of the Army (Nonprecedential Order)
The Department of the Army moves to dismiss this petition for review for lack of jurisdiction. Brandon T. Wiegand opposes the motion, arguing that this court should exercise jurisdiction or alternatively transfer.
Accordingly, IT IS ORDERED THAT:
(1) The motion to dismiss is denied.
(2) This case and all filings are transferred to the United States District Court for the Middle District of Pennsylvania.
Reese v. Florida Department of Corrections (Nonprecedential Order)
Upon consideration of the parties’ responses to the court’s June 21, 2023, order, agreeing that this appeal from the district court’s denial of, inter alia, a petition for a writ of habeas corpus should be transferred to the United States Court of Appeals for the Eleventh Circuit,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all filings are transferred to the United States Court of Appeals for the Eleventh Circuit.