Kenneth W. Evans v. U.S. Postal Service, and Postmaster General

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth W. EVANS, Plaintiff-Appellant, v. U.S. POSTAL SERVICE, and Postmaster General, Defendant-Appellee. No. 88-6301. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Evans appeals the district court's order dismissing his complaint for employment discrimination for lack of subject matter jurisdiction. The district court found that Evans failed to comply with 42 U.S.C. § 2000e-16(c), which requires a civil litigant to commence an action for employment discrimination against the federal government within thirty days of receipt of notice of final action by the relevant federal agency or by the Equal Employment Opportunity Commission (EEOC) upon an appeal from a decision of such agency. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 The existence of subject matter…