Van Uitert v. Henderson

MEMORANDUM **

Suzanne Van Uitert appeals the district court’s summary judgment in favor of the United States Postal Service in her action alleging employment discrimination under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see Santa Maria v. Pacific Bell, 202 F.3d 1170, 1175 (9th Cir.2000), and we affirm.

Van Uitert contends the district court erred in granting summary judgment on the ground that she failed to file a timely appeal of the Postal Service’s final agency decision with the Equal Employment Opportunity Commission (EEOC). This contention lacks merit.

First, Van Uitert argues that she placed a notice of appeal in a mailbox within 30 days of receiving the final agency decision on November 28, 1998. However, the regulations provide that a notice of appeal shall be deemed timely filed only if it is received or postmarked before the expiration of the applicable 30-day filing period. See 29 C.F.R. §§ 1614.402 (a), 1614.604(b).

Second, Van Uitert argues that there is no evidence in the record to support the magistrate judge’s finding that her notice of appeal was not…