Santos-Reyes

MEMORANDUM *

Appellant Lourdes Santos-Reyes appeals the district court’s order granting summary judgment to the government on her Rehabilitation Act claims of disability discrimination and retaliation against her former employer, the Federal Correctional Institute in Dublin, California (FCI-Dublin).

Santos-Reyes sought relief through her union’s negotiated grievance procedure, the Equal Employment Opportunity Commission (EEOC), and the Merit System Protection Board (MSPB). Before bringing claims of disability discrimination under the Rehabilitation Act in federal court, a party must first exhaust the administrative remedies available under Title VII. Vinieratos v. United States Dept. of Air Force, 939 F.2d 762 , 773 (9th Cir. 1991). Santos-Reyes has failed to exhaust her administrative remedies and is therefore barred from bringing her claims in federal court.

Santos-Reyes seeks review of discrimination claims that she brought before the EEOC, which the Department of Justice dismissed on July 13, 2004. The district *102 court affirmed the determination of the EEOC Office of Federal Operations that Santos-Reyes had previously filed a complaint on the “same matter” in a…