Willis Tate v. Donna E. Shalala, Secretary

95 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Willis TATE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Defendant-Appellee. No. 95-35650. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 25, 1996. Decided Aug. 23, 1996. Before: BROWNING and T.G. NELSON, Circuit Judges, and SMITH, * District Judge. MEMORANDUM ** Tate appeals the district court's grant of summary judgment in favor of the Department of Health and Human Services ("DHHS") and dismissal of his race discrimination and retaliation suit. We reverse and remand. I. Tate's initial complaint to his EEO counselor on April 15, 1992, was timely under 29 C.F.R. § 1613.214 (a)(1)(i) (1992). The time period under § 1613.214 begins to run when "the facts that would support a charge of discrimination would have been apparent to a similarly situated person with a reasonably prudent regard for his rights." Boyd v. U.S. Postal Service, 752 F.2d 410, 414 (9th Cir.1985). Tate…