Raymond Simpson v. Dept. Of Defense, Defense Contract Audit Agency, Marcia M. Montez, Keith E. Harris

942 F.2d 793 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond SIMPSON, Plaintiff-Appellant, v. DEPT. OF DEFENSE, Defense Contract Audit Agency, Marcia M. Montez, Keith E. Harris, et al., Defendants-Appellees. No. 90-55805. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1991. * Decided Aug. 28, 1991. Before EUGENE A. WRIGHT, GOODWIN and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Raymond Simpson appeals pro se the district court's dismissal of his action alleging employment discrimination and reprisal for whistleblowing activities arising out of his job as an auditor for a federal agency. The district court dismissed both claims with prejudice for failing to exhaust administrative remedies. We affirm the district court's judgment dismissing the whistleblower claim with prejudice, but we vacate and remand with instructions that Simpson's Title VII claim be dismissed without prejudice. DISCUSSION 3 We agree with the district court that Simpson's…