Armas

Armas v. San Diego County, Office of Education

Good Law
125 F. App'x 193
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-56361; D.C. No. CV-04-00273-JTMCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM **

Bernard N. Armas, II appeals pro se the district court’s judgment dismissing his civil rights action for lack of subject matter jurisdiction and for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Sommatino v. United States, 255 F.3d 704, 707 (9th Cir.2001) (subject matter jurisdiction), Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001) (failure to state a claim). We affirm.

The district court properly dismissed Armas’ Title VII claims against the California Commission on Teaching Credentials (“CCTC”) because he failed to file his complaint within 90 days of receipt of the Equal Employment Opportunity Commission’s (“EEOC”) right-to-sue letter. See Scholar v. Pac. Bell, 963 F.2d 264, 266-67 (9th Cir.1992) (internal citation omitted).

The district court properly dismissed Armas’ Title VII claims against the remaining defendants because he only named CCTC in his charge filed with the EEOC. See EEOC v. Farmer Bros. Co., 31 F.3d 891, 899 (9th Cir.1994) (plaintiffs must exhaust administrative remedies before seeking federal adjudication of claims).

The district court properly concluded that defendants San Ysidro…

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