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Randall v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 1, 2008
293 F. App'x 445 (9th Cir. 2008)

Opinion

No. 06-56812.

Submitted July 22, 2008.

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

Filed August 1, 2008.

Jennieva Randall, Inglewood, CA, pro se.

Thomas K. Buck, Esq., Office of the U.S. Attorney Civil Tax Divisions, Los Angeles, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Central District of California, R. Gary Klausner, District Judge, Presiding. D.C. No. CV-06-00811-RGK.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Jennieva Randall appeals pro se the district court's order dismissing her Title VII action without prejudice for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir. 2003), and affirm.

Contrary to Randall's contentions, the district court properly dismissed her complaint for lack of subject matter jurisdiction because she failed to show that she had exhausted her administrative remedies. See 42 U.S.C. § 2000e-16(c); see also Crown, Cork Seal Co. v. Parker, 462 U.S. 345, 350, 103 S.Ct. 2392, 76 L.Ed.2d 628 (1983). The Equal Employment Opportunity Commission's order reversing class certification reinstates her individual claim before the agency.

We do not consider Randall's contentions raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.


Summaries of

Randall v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 1, 2008
293 F. App'x 445 (9th Cir. 2008)
Case details for

Randall v. Mukasey

Case Details

Full title:Jennieva RANDALL, Plaintiff-Appellant, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 1, 2008

Citations

293 F. App'x 445 (9th Cir. 2008)