William Rupert v. Department of the Navy, U.S. Naval Hospital Long Beach

46 F.3d 1144 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William RUPERT, Plaintiff-Appellant, v. DEPARTMENT OF the NAVY, U.S. Naval Hospital Long Beach, et al., Defendants-Appellees. No. 94-55458. United States Court of Appeals, Ninth Circuit. Submitted: Dec. 19, 1994. * Decided: Jan. 6, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 William Rupert appeals pro se the district court's dismissal for failure to exhaust administrative remedies of Rupert's action under the Rehabilitation Act of 1973, 29 U.S.C. Secs. 701-794 . We have jurisdiction under 28 U.S.C. Sec. 1291 . We reverse and remand. 3 "[A] federal employee who alleges employment discrimination on the basis of a handicap must exhaust the administrative remedies available under Title VII." Vinieratos v. U.S. Dept. of Air Force, 939 F.2d 762 , 773 (9th Cir. 1991)). "Title VII specifically requires a federal employee to exhaust his administrative remedies as a precondition to filing…