Lebar

MEMORANDUM **

Kathleen Lebar, an employee of the Bureau of Alcohol, Tobacco and Firearms (ATF), filed this action seeking to enjoin the Secretary of the Treasury from enforcing a disciplinary order transferring her from Reno, Nevada to Sacramento, California. The district court dismissed the action for lack of jurisdiction because the Civil Service Reform Act (CSRA) preempts Lebar’s claims. We affirm.

DISCUSSION

We have held that the CSRA preempts any action filed by a federal employee seeking to challenge a personnel action, even on constitutional grounds, either through the Administrative Procedures Act or Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). See Russell v. United States Dept. of the Army, 191 F.3d 1016 , 1019-20 (9th Cir.1999). Lebar correctly notes that not all claims filed by federal employees against their employers are preempted by the CSRA. See, e.g. Collins v. Bender, 195 F.3d 1076, 1080 (9th Cir.1999) (holding that former DEA agent could maintain Bivens claim for alleged unlawful search of his residence). Lebar fails, however, to counter the Government’s assertion that the disciplinary…