Roth

Roth v. Office of Workers' Compensation Programs

Good Law
35 F. App'x 698
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 01-55661; D.C. No. CV-99-02269-JTM/JAHCalifornia279 words

Opinion

Lead Opinion

MEMORANDUM **

Benjamin J. Roth appeals pro se the district court’s judgment dismissing his action alleging discrimination in the termination of his worker’s compensation benefits under 42 U.S.C. § 1983 , the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals pursuant to Fed. R.Civ.P. 12(b)(6), Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir. 1998), and we affirm.

The district court properly concluded that it had jurisdiction to review the Office of Worker’s Compensation Program’s decision to terminate Roth’s benefits under the Worker’s Compensation Act because jurisdiction exists where an agency is charged with violating a clear statutory mandate or prohibition. See Sheehan v. United States, 896 F.2d 1168, 1174 (9th Cir.), amended by 917 F.2d 424 (9th Cir.1990) (order).

The district court properly dismissed Roth’s Title VII claims against the United States Department of Labor because Roth was not an employee of that agency. Cf. Ward v. EEOC, 719 F.2d 311, 313 (9th Cir.1983). Roth’s remaining discrimination contentions lack…

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