Huss v. U.S. Postal Service

Full title: John Sterling HUSS, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 30, 2002

43 F. App'x 124 (9th Cir. 2002)

Opinion

43 Fed.Appx. 124 (9th Cir. 2002) John Sterling HUSS, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; et al., Defendants-Appellees. No. 01-36031.

Page 125.

D.C. No. CV-00-01776-HA. United States Court of Appeals, Ninth Circuit. July 30, 2002

Submitted July 22, 2002 ^*.

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding.

Before BROWNING, KOZINSKI, and BERZON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

John Sterling Huss appeals pro se the district court's summary judgment for defendants in his employment discrimination action against the United States Postal Service due to Huss's failure to exhaust his administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291, and, after de novo review, Leorna v. United States Dep't of State, 105 F.3d 548, 550 (9th Cir.1997), we affirm.

The district court properly granted summary judgment because Huss did not file a formal Equal Employment Opportunity complaint within 15 days of the conclusion of the pre-complaint processing. See 29 C.F.R. § 1614.106(b); Leorna, 105 F.3d at 551.

AFFIRMED.