Moss

MEMORANDUM **

David Moss appeals the district court’s grant of summary judgment on Moss’s discrimination and retaliation claims. We affirm. Because the parties are familiar with the history of this case, we will not recount it here.

I

The district court correctly concluded that Moss’s disability discrimination claims relating to his placement in Can 28 and restricted access to Building 250 were untimely. A federal employee who believes he or she has been discriminated against must contact an agency EEO counselor within 45 days of an allegedly discriminatory event. 29 C.F.R. § 1614.105 (a)(1); Lyons v. England, 307 F.3d 1092, 1105 (9th Cir.2002). This 45-day time requirement functions as a “statute of limitations for filing suit.” Johnson v. United States Treasury Department, 27 F.3d 415, 416 (9th Cir.1994). “The time period for filing a complaint of discrimination begins to run when the facts that would support a charge of discrimination would have been apparent to a similarly situated person with a reasonably prudent regard for his rights.” Boyd v. U.S. Postal Service, 752 F.2d 410, 414 (9th Cir.1985).

Moss admitted in his deposition that he did not pursue administrative…