Richard C. Burks v. Donald B. Rice, Secretary, U.S. Department of the Air Force

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard C. BURKS, Plaintiff-Appellant, v. Donald B. RICE, Secretary, U.S. Department of the Air Force, Defendant-Appellee. No. 91-35989. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. * Decided Jan. 5, 1993. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM ** Introduction 2 Richard C. Burks appeals the district court's dismissal with prejudice of his complaint alleging that the United States Air Force discriminated against him by refusing to hire him as a pipefitter. The Air Force informed appellant that he did not meet the physical qualifications for the position because of his partial hearing loss. 3 Acting pro se, appellant filed a complaint with the Equal Employment Opportunity Commission (EEOC), asserting claims of discrimination based on age and handicap. The final agency decision, finding no discrimination, was issued on December 16, 1988. Although…