NOTE: This order is nonprecedential.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 DYK, MOORE, and O’MALLEY, Circuit Judges. PER CURIAM. ORDER 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 2 WATSON v. BOP

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. IT IS ORDERED THAT: 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.

FOR THE COURT

June 12, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court