Griffiss

MEMORANDUM *

Appellant Dr. John McLeod Griffiss appeals the district court’s judgment against him on his three claims of wrongful employment actions taken by the Veterans’ Administration Medical Center (VAMC): (1) discrimination in violation of the Veterans’ Reemployment Rights Act (VRRA), 38 U.S.C. §§ 2021-2026 ; 1 (2) retaliation in violation of the Whistleblower Protection Act of 1989(WPA), 5 U.S.C. § 2302 (b)(8); and age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621-634 .

The district court did not err in dismissing Griffiss’s VRRA claim. Failure to cooperate with an agency, including failing to comply with regulatory and judicially imposed exhaustion requirements and failing to provide a statement of the basis for a claim after being asked to do so, may result in dismissal for failure to prosecute. See Jasch v. Potter, 302 F.3d 1092, 1096 (9th Cir.2002). Griffiss failed to comply with Merit Systems Protection Board (MSPB) regulations requiring him to timely appeal. Griffiss also failed to provide specific information requested by the administrative law judge and to do so under the applicable timelines.

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