Green

MEMORANDUM ***

Ronald Green appeals the district court’s summary judgment in favor of the Postmaster General in Green’s action alleging that the United States Postal Service did not rehire him because he had a history of impairment or because it regarded him as disabled, in violation of the Rehabilitation Act. Green also alleged retaliation, in violation of Title VII. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001) (en banc), and we affirm.

The district court properly determined that res judicata barred Green’s claims alleging that the Postal Service discriminated against him by requiring a pre-employment psychiatric examination because he fully litigated this issue before the Merit Systems Protection Board and the United States Court of Appeals for the Federal Circuit. See Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 714 (9th Cir.2001) (holding that res judicata precludes further review when there is identity of the claims, a final decision, and identical parties); Green v. United States Postal Service, No. 98-3349, 1999 WL 127499 , *4-5 (Fed.Cir. Mar.9, 1999) (per curiam) (unpublished)…