Harris

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Pro se plaintiff Henry Harris, a 61-year-old employee of the United States Postal Service (the “Postal Service”), filed an action against the Postmaster General on December 15, 2000, alleging age discrimination and retaliation (the “2000 action”). Defendant obtained summary judgment on that action. See Harris v. Potter, 2002 WL 31298852 (N.D.Cal. Oct. 8, 2002). On March 30, 2005, plaintiff filed this action against the Postmaster General, again alleging age discrimination and retaliation. Defendant has moved for summary judgment on two principal grounds: (1) plaintiffs claims are barred by res judicata or collateral estoppel, given the 2002 summary judgment and (2) plaintiffs claims are barred by failure to file timely administrative claims.

To the extent that plaintiffs amended complaint seeks relief on claims which were resolved by the 2002 summary judgment, including plaintiffs age discrimination claims that defendant failed to select him for promotional positions 99-63 and 00-09 and that defendant retaliated against him by denying him the 00-09 positions, these claims are barred by res…