Buford v. Secretary of the Air Force

Opinion

Case: 24-2254 Document: 9 Page: 1 Filed: 01/10/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

TIFFANY BUFORD, Appellant

v.

SECRETARY OF THE AIR FORCE, Appellee ______________________

2024-2254 ______________________

Appeal from the Civilian Board of Contract Appeals in No. 8007-RELO, Administrative Judge Jonathan D. Zis- chkau. ______________________

ON MOTION ______________________

Before DYK, CUNNINGHAM, and STARK, Circuit Judges. PER CURIAM. ORDER Tiffany Buford appeals from the United States Civilian Board of Contract Appeals, which denied her claim for re- imbursement of relocation expenses. Responding to this court’s November 1, 2024 show cause order, the Secretary Case: 24-2254 Document: 9 Page: 2 Filed: 01/10/2025

of the Air Force argues for dismissal, and Ms. Buford urges the court to retain jurisdiction. This court’s jurisdiction over decisions of “agency board[s] of contract appeals” is limited to “final decision[s]” made “pursuant to section 7107(a)(1) of title 41.” 28 U.S.C. § 1295(a)(10). We have long held that “only Board deci- sions on contract claims covered by the Contract Disputes Act, are within (what is now) section 7107(a)(1)’s reference to a ‘decision of an agency board.’” See Sheridan Transp. Sys., Inc. v. Gen. Servs. Admin., 651 F. App’x 987, 988 (Fed. Cir. 2016) (collecting cases). Here, Ms. Buford is attempt- ing to appeal a Board decision on a claim under 31 U.S.C. § 3702(a)(3) for civilian employee federal travel claims. Be- cause such decision is not a decision within § 7107(a)(1), and therefore outside this court’s review authority under § 1295(a)(10), we dismiss. 1 Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed.

1 No party here has asked this court to transfer this case under 28 U.S.C. § 1631, and the court takes no posi- tion here on whether the United States Court of Federal Claims or a United States District Court would have juris- diction over a complaint filed by Ms. Buford seeking reim- bursement of travel expenses. Case: 24-2254 Document: 9 Page: 3 Filed: 01/10/2025

BUFORD v. SECRETARY OF THE AIR FORCE 3

(2) All pending motions are denied. (3) Each party shall bear its own costs. FOR THE COURT

January 10, 2025 Date