Khan

MEMORANDUM **

Appellant Hazoor A. Khan appeals the district court’s affirmance of a final administrative decision upholding his removal from federal employment.

I

Khan was terminated by his employer, the United States Department of Agriculture (“USDA”) for misconduct. Khan appealed to the Merit Systems Protection Board (“MSPB”), alleging national origin and disability discrimination. The MSPB rejected Khan’s appeal, finding no evidence of discrimination and upholding the USDA’s non-discriminatory basis for termination. The MSPB found the penalty of termination reasonable and consistent with the USDA’s policies and regulations.

Khan filed a complaint in the United States District Court for the Eastern District of California against the Secretary of the USDA (“the Secretary”), asserting a Title VII claim of national origin discrimination and seeking review of the MSPB’s personnel decision under 5 U.S.C. § 7703 (b)(2). The district court entered judgment for the USDA.

II

Khan’s filing of a notice of non-opposition to the Secretary’s summary judgment motion did not reserve his right to appeal. The consent to the district court’s entry of judgment for the Secretary constituted a…