39 Fair empl.prac.cas. 501, 38 Empl. Prac. Dec. P 35,749 Richard J. Cosgrove v. William Bolger, in His Official Capacity as Head of the United States Postal Service

775 F.2d 1078 39 Fair Empl.Prac.Cas. 501 , 38 Empl. Prac. Dec. P 35,749 Richard J. COSGROVE, Plaintiff-Appellant, v. William BOLGER, in his official capacity as head of the United States Postal Service, Defendant-Appellee. No. 84-6346. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 1985. Decided Nov. 5, 1985. Byron S. Georgiou, Thomas Tosdal, Georgiou & Tosdal, San Diego, Cal., for plaintiff-appellant. Michael Quinton, Asst. U.S. Atty., San Diego, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before SCHROEDER and FLETCHER, Circuit Judges, and ROSENBLATT, * District Judge. SCHROEDER, Circuit Judge. 1 This is an appeal from the district court's dismissal of Cosgrove's complaint alleging employment discrimination because of a physical handicap in violation of the Rehabilitation Act of 1973, as amended. After four years of litigation and exhaustion of administrative remedies, the district court dismissed the action because the original pro se complaint did not specifically name the Postmaster General as the defendant as required by 42 U.S.C. Sec. 2000e-16(c). 1 We reverse and remand…