WATSON v. BOP [ORDER] 6-8-2018, No. 17-1979 (Fed. Cir. 2018)
Annotate this Case
Download PDF
NOTE: This order is nonprecedential.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 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 2 WATSON v. BOP appeals are known as mixed cases. Perry v. Merit Sys. Protection Bd., 137 S. Ct. 1975, 1979 (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. FOR THE COURT June 12, 2018 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
