Knox v. Henderson

MEMORANDUM ****

Fred Knox appeals pro se the district court’s dismissal of his action alleging race and sex discrimination against numerous defendants, including the U.S. Postal Service, the Equal Employment Opportunity Commission (“EEOC”), and a labor union. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The district court properly concluded that no cause of action exists against the individual postal employees for violations of Title VII. See 42 U.S.C. § 2000e-16(c); Mahoney v. United States Postal Service, 884 F.2d 1194, 1196 (9th Cir.1989) (recognizing that the only proper Title VII defendant is the head of the agency in which the alleged discrimination occurred).

Because Knox failed to timely and properly serve defendant Postmaster General and did not show good cause for the failure, the district court did not abuse its discretion in dismissing the Title VII cause of action. See Fed.R.Civ.P. 4(m), 4(i); see also Boudette v. Barnette, 923 F.2d 754, 755-56 (9th Cir.1991).

The district court properly dismissed Knox’s 42 U.S.C. § 1981 , § 1985, § 1986 and 29 U.S.C. § 158 claims against the postal service. See White v. General Services Admin., 652 F.2d 913,…