John Watson v. Federal Bureau of Prisons

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOHN WATSON,
Petitioner
v.
FEDERAL BUREAU OF PRISONS,
Respondent
______________________
2017-1979
______________________
Petition for review of an arbitrator's decision in No.
14-57399-A by Joseph M. Sharnoff.
______________________
SUA SPONTE
______________________
Before D YK, M OORE, and O’MALLEY , Circuit Judges.
P ER CURIAM .
O R D E R
The government argues that we lack jurisdiction be-
cause this is a mixed case including discrimination
claims. While petitioner submits that he abandoned his
discrimination claims, the court has determined that this
appeal still presents at least claims of violations of the
Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Such

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WATSON v. BOP 2
appeals are known as mixed cases. Perry v. Merit Sys.
Protection Bd., 137 S. Ct. 1975, 1979 (2017). The Su-
preme Court’s decision in Perry makes clear that, for
mixed cases, jurisdiction lies in district court, not in the
Federal Circuit. Id. Therefore, we conclude that we lack
jurisdiction and the transfer of this case is appropriate
pursuant to 28 U.S.C. § 1631.
I T I S O RDERED T HAT :
This appeal is transferred to the United States Dis-
trict Court for the Northern District of West Virginia
pursuant to 28 U.S.C. § 1631.
F OR THE COURT
June 12, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

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