Opinion
No. 13-55685
08-04-2015
TIFARAH C. McDANIEL, Plaintiff - Appellant, v. ASHTON B. CARTER, Secretary, Department of Defense, Agency (DFAS), Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 2:12-cv-01112-MWF-RZ MEMORANDUM Appeal from the United States District Court for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Tifarah C. McDaniel appeals pro se from the district court's judgment in her action alleging civil rights violations and employment discrimination in connection with her federal employment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We vacate and remand.
The district court properly treated McDaniel's claims as Title VII claims because Title VII "provides the exclusive judicial remedy for claims of discrimination in federal employment." Brown v. Gen. Servs. Admin., 425 U.S. 820, 835 (1976).
The district court dismissed McDaniel's Title VII claims as untimely without the benefit of our recent decision in Escobedo v. Applebees, — F.3d —, 2015 WL 3499902 (9th Cir. June 4, 2015). We therefore remand for the district court to consider Escobedo in determining whether McDaniel timely filed her complaint before the ninety-day limitations period expired.
Each party shall bear its own costs on appeal.
VACATED and REMANDED.