Opinion
No. 14-55135
03-24-2016
GERALDINE PARKER, Plaintiff - Appellant, v. ROBERT A. MCDONALD, Secretary of Department of Veterans Affairs, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 2:13-cv-00723-JAK-PJW MEMORANDUM Appeal from the United States District Court for the Central District of California
John A. Kronstadt, District Judge, Presiding Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Geraldine Parker appeals pro se from the district court's order dismissing her employment action alleging violations of Title VII and the Rehabilitation Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to exhaust administrative remedies. Vinieratos v. United States, 939 F.2d 762, 768 (9th Cir. 1991). We affirm.
The district court properly dismissed Parker's action because Parker failed to allege facts showing that she complied with the administrative exhaustion requirement of timely initiating contact with an Equal Employment Opportunity ("EEO") counselor. See Kraus v. Presidio Trust Facilities Div./Residential Mgmt. Branch, 572 F.3d. 1039, 1043 (9th Cir. 2009) (federal employee must initiate contact with an EEO counselor within forty-five days of alleged wrongful act, and failure to do so is fatal to a federal employee's claim in federal court absent waiver, estoppel or equitable tolling). Contrary to Parker's contention, Parker did not exhaust the claims in this action, which arose in 2012 and 2013, by filing an EEO complaint in 2011.
Because we affirm the district court's dismissal on the basis of failure to exhaust, we do not consider Parker's arguments regarding the merits of her claims.
AFFIRMED.