Ray Patterson v. Lawrence Eagleburger, Acting Secretary, U.S. Department of State, Washington, D.C. Warren Christopher, Secretary of State

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ray PATTERSON, Plaintiff-Appellant, v. Lawrence EAGLEBURGER, Acting Secretary, U.S. Department of State, Washington, D.C.; Warren Christopher, Secretary of State, Defendants-Appellees. No. 93-56165. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1995. Decided Aug. 17, 1995. Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges. MEMORANDUM 1 Patterson appeals from the district court's summary judgment dismissing his action against the United States of America and Warren Christopher, the Secretary of State (State Department). Patterson filed his action under the Rehabilitation Act of 1973, 29 U.S.C. Secs. 701-795 , alleging that the State Department failed to accommodate his handicap in testing for the Foreign Service and refused to hire him because he is handicapped. Summary judgment was based on Patterson's failure to exhaust administrative remedies: he had refused a certified…