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United States Court of Appeals, Federal Circuit.

John WATSON, Petitioner v. FEDERAL BUREAU OF PRISONS, Respondent


Decided: June 12, 2018

Before Dyk, Moore, and O’Malley, Circuit Judges. Lilliam Mendoza, Attorney, Rockville, MD, for Petitioner Lisa Lefante Donahue, Esq., Elizabeth Marie Hosford, Assistant Director, Robert Edward Kirschman, Jr., Director, Department of Justice, Commercial Litigation Branch, Civil Division, Washington, DC, Jenifer Grundy Hollett, Assistant General Counsel, U.S. Department of Justice, Federal Bureau of Prisons, Washington, DC, Chad A. Readler, Acting Assistant Attorney General, U.S. Department of Justice, Civil Division, Washington, DC, for Respondent



The government argues that we lack jurisdiction because 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 appeals are known as mixed cases. Perry v. Merit Sys. Protection Bd., ––– U.S. ––––, 137 S.Ct. 1975, 1979, 198 L.Ed.2d 527 (2017). The Supreme 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.

It Is Ordered That:

This appeal is transferred to the United States District Court for the Northern District of West Virginia pursuant to 28 U.S.C. § 1631.

Per Curiam.

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