Jack C. Smith v. Anthony M. Frank, Postmaster General

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jack C. SMITH, Plaintiff-Appellant, v. Anthony M. FRANK, Postmaster General, Defendant-Appellee. No. 92-16103. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided Jan. 27, 1994. 1 Before: CANBY and NOONAN, Circuit Judges, and HUFF, * District Judge 2 MEMORANDUM ** 3 Jack Smith brought this wrongful termination action against his former employer, the United States Postal Service. Smith contended that he had been improperly discharged because of his physical handicap, in violation of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq. The district court, adopting the findings and conclusions of law of a magistrate, rendered judgment against him. 1 Approximately five-and-a-half months after judgment was entered, Smith moved the district court to reopen the time for filing a notice of appeal or to vacate and reenter the judgment. The district court denied this motion, and…