Oja

MEMORANDUM *

Robert Oja appeals the district court’s final order and judgment holding that his case was not a “mixed-case” appeal and that he had not exhausted his administrative remedies before the Equal Employ *47 ment Opportunity Commission (“EEOC”). The District Court of Oregon transferred Oja’s breach claim to the Federal Circuit pursuant to 28 U.S.C. § 1681 , and the Federal Circuit recently dismissed Oja’s appeal as untimely. See Oja v. Dep’t of the Army, 405 F.3d 1349 (Fed.Cir.2005). The District Court of Oregon also dismissed Oja’s Title VII discrimination claim without prejudice to refíle once he appropriately exhausted his administrative remedies.

This Court has jurisdiction to review district court orders only over “mixed-case” complaints filed before the Merit Systems Protection Board. 5 U.S.C. § 7703 (b)(2); Sloan v. West, 140 F.3d 1255, 1261 (9th Cir.1998). When the district court held that Oja had not filed a mixed-case complaint, and Oja accepted the § 1631 transfer and appealed the decision to the Federal Circuit without seeking a stay, an interlocutory appeal, or a writ of mandamus, we lost jurisdiction over Oja’s appeal on the breach claim. See 28 U.S.C. §…