Horace M. Chambers v. Michael P.W. Stone, Secretary, Department of the Army

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Horace M. CHAMBERS, Plaintiff-Appellant, v. Michael P.W. STONE, Secretary, Department of the Army, Defendant-Appellee. No. 93-15115. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 25, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Horace M. Chambers appeals the district court's summary judgment in favor of the Secretary of the Army in his employment discrimination action. Chambers contends the district court erred by concluding he failed to timely exhaust his administrative remedies because the time for filing an appeal to the Equal Employment Opportunity Commission (EEOC) (1) did not begin to run until he received actual notice of the final decision and (2) was equitably tolled. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo a district court's ruling that an employee's claims are barred for failure to timely…