Jimmy Dale Lofton, in Pro Se v. Margaret M. Heckler, as Secretary of Health and Human Services
Opinion
Opinion
Jimmy Dale Lofton appeals from the dismissal of his Title VII action for failure to file a claim within thirty days of the final decision of the Merit Systems Protection Board (MSPB) as required by 5 U.S.C. § 7703 (b)(2) (1982). We affirm.
I.
On June 16, 1982, Lofton received notice of an MSPB decision denying his claim that the Social Security Administration had, because of his race, improperly removed him from his attorney-advisor position. He filed a timely petition for review in this court on July 16, 1982. We concluded that we lacked jurisdiction and transferred the action to the district court. Lofton v. Department of Health & Human Services, No. 82-5238, (9th Cir. Sept. 15, 1982) (unpublished order). Having named an incorrect party, Lofton amended his complaint on March 22, 1983, to name the proper defendant. On July 27, 1983, the district court dismissed the action without prejudice for failure to name the proper defendant and failure to effect proper service. In dismissing the action, the district court did not consider Lofton’s amended complaint naming the proper defendant because Lof- ton “failed to serve this amended complaint in accordance with Fed.R.Civ.P.…