Smith v. U.S. Veterans Admin.

996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marie J. SMITH, a single woman, Plaintiff-Appellant, v. U.S. VETERANS ADMINISTRATION, an executive department of the federal government; William L. Eberle, Chief, Personnel Service Department of Veterans Affairs, Defendants-Appellees. No. 92-15294. United States Court of Appeals, Ninth Circuit. Submitted June 18, 1993. * Decided June 24, 1993. 1 Before NORRIS and RYMER, Circuit Judges, and TAYLOR, District Judge. ** 2 MEMORANDUM *** 3 Marie Smith appeals the dismissal on summary judgment of her complaint against a federal employer, in which she alleged a Bivens violation and the tort of wrongful termination. The district court dismissed the action, with prejudice, for Smith's failure to exhaust her administrative remedies. We affirm the dismissal, but on a different ground from that given by the district court. We review decisions to grant summary judgment de novo, but can affirm on any ground supported by the…