Elijah Porter, Jr. v. Marvin T. Runyon, Jr.

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elijah PORTER, Jr., Plaintiff-Appellant, v. Marvin T. RUNYON, Jr., Defendant-Appellee. No. 94-56792. United States Court of Appeals, Ninth Circuit. Submitted March 26, 1996. * Decided March 29, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Elijah Porter, Jr. appeals pro se the district court's summary judgment in favor of Postmaster General Marvin T. Runyon, Jr. in Porter's action alleging that he was improperly terminated from his position with the United States Postal Service ("USPS") on the basis of his handicap of alcoholism and in retaliation for his previous activity with the Equal Employment Opportunity Commission ("EEOC"). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Fuller v. Frank, 916 F.2d 558, 561 (9th Cir.1990), and affirm in part and vacate and remand in part. A. Background 3 In December 1991, the USPS discharged Porter for reporting…