James Earl Conerly v. United States Postal Service and Anthony Frank, Postmaster General

947 F.2d 949 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Earl CONERLY, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE and Anthony Frank, Postmaster General, Defendants-Appellees. No. 91-15098. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1991. * Decided Nov. 5, 1991. Before FLETCHER, O'SCANNLAIN, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James Earl Conerly appeals pro se the district court's order granting dismissal of his complaint under Fed.R.Civ.P. 12(b)(6) in his reprisal and handicap discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"). Conerly contends that the district court erred by concluding that he had failed to exhaust his administrative remedies in a timely manner. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 "We review de novo dismissal of a complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil…