Jennifer Ho v. Patrick Donahoe

MEMORANDUM

Jennifer Ho appeals pro se from the district court’s summary judgment in her employment action against the United States Postal Service. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Kraus v. Presidio Trust Facilities Div./Residential Mgmt. Branch, 572 F.3d 1039, 1042-43 (9th Cir.2009). We affirm.

The district court properly granted summary judgment because Ho failed to raise a genuine dispute of material fact as to whether she complied with the administrative exhaustion requirement of timely contacting an Equal Employment Opportunity (“EEO”) counselor. See 29 C.F.R. § 1614.105 (a) (prior to filing an employment discrimination lawsuit, a federal employee must initiate contact with an EEO counselor within forty-five days of the alleged discriminatory act); see also Kraus, 572 F.3d at 1043 (failure to comply with forty-five-day EEO contact requirement is “ ‘fatal to a federal employee’s discrimination claim’ in federal court” absent waiver, estoppel, or equitable tolling) (quoting Lyons v. England, 307 F.3d 1092, 1105 (9th Cir.2002)).

Ho’s remaining contentions are unpersuasive.

Ho’s “Motion for Granting Appellant’s Appeal” and “Motion for Case…