(PS) Robbins v. Merit Systems Protection Board

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANNA ROBBINS, No. 2:21-CV-0621-KJM-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS MERIT SYSTEMS PROTECTION

BOARD,

15 Defendant.

17 Plaintiff, who is proceeding pro se, brings this civil action seeking judicial review of a final decision of the United States Equal Employment Opportunity Commission (EEOC). Pending before the Court is Defendant’s motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, ECF No. 21. Plaintiff has not filed an opposition. For the reasons discussed below, the Court finds that Defendant’s motion to dismiss should be granted and that this action should be transferred to the United States Court of Appeals for the Federal Circuit. A motion under Rule 12(b)(1) challenges a federal court’s jurisdiction to decide claims alleged in the complaint. See Fed. R. Civ. P. 12(b)(1). The motion may be a factual attack that looks…