Abner

Abner v. Law Offices of Declues & Burkett

Good Law
156 F. App'x 997
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-57169California452 words

Opinion

Lead Opinion

MEMORANDUM **

Janice Abner appeals pro se the district court’s order dismissing her unemployment discrimination action and its order awarding attorney’s fees. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district, court’s dismissal for failure to state a claim and may affirm the dismissal on any ground supported by the record. Ove v. Gwinn, 264 F.3d 817, 821 (9th Cir.2001). We review for abuse of discretion an award of attorney’s fees. Shaw v. City of Sacramento, 250 F.3d 1289, 1293-94 (9th Cir.2001). We affirm in part and reverse in part.

The district court properly dismissed Abner’s Title VII claims alleging that she was discriminated against on the basis of race between 2000 and 2003 because she did not exhaust them with the Equal Employment Opportunity Commission (“EEOC”) before filing her action in federal court, see Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002), and her claims are not sufficiently “like or reasonably related” to the allegations contained in the EEOC complaint she filed in 1999, see Anderson v. Reno, 190 F.3d 930, 938 (9th Cir.1999), overruled on other grounds by Morgan, 536 U.S. at…

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