Bettwieser

Bettwieser v. Lucas

Good Law
364 F. App'x 392
United States Court of Appeals for the Ninth CircuitFebruary 11, 201007-35964California489 words

Opinion

Opinion

MEMORANDUM

Martin Bettwieser, an employee of the United States Postal Service (“USPS”), appeals from the district court’s order dismissing his complaint with prejudice, for failure to exhaust administrative remedies. The order also denied Bettwieser’s motion for default judgment and overruled his objection to the United States Attorneys’ Office’s representation of the individually named defendants. In his opening brief, Bettwieser raised numerous issues for appeal. We dismiss this appeal for lack of subject matter jurisdiction because Bett-wieser failed to exhaust administrative remedies.

Prior to filing his complaint in the district court, Bettwieser sent a request for production of documents pursuant to the Freedom of Information Act and the Privacy Act to Lisa Butterworth, the Manager of Customer Service at the USPS branch where Bettwieser works. Jim Sykes, the Manager of Labor Relations for the Spokane District, sent a letter to Bett-wieser that instructed him to direct any appeal of the response to the request for documents to the Chief Counsel of Customer Protection and Privacy of the USPS in Washington, D.C. According to the November 6, 2006 declaration of Anthony Alvaro,…

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