Callans

Callans v. United States Postal Service

Good Law
319 F. App'x 474
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 07-15561California248 words

Opinion

Lead Opinion

MEMORANDUM **

Diane Callans appeals from the district court’s order dismissing her action brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), for lack of subject matter jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Orsay v. U.S. Dep’t of Justice, 289 F.3d 1125 ,1128 (9th Cir.2002), and affirm.

The district court properly determined that it lacked subject matter jurisdiction over Callans’s employment claims because she was a “preference eligible” employee of the Postal Service, and could therefore seek redress through the Civil Service Reform Act of 1978 (“CSRA”). See 5 U.S.C. § 7511 (a)(l)(B)(ii); 5 U.S.C. § 2108 (3); U.S. Postal Service v. Gregory, 534 U.S. 1, 4-5 , 122 S.Ct. 431 , 151 L.Ed.2d 323 (2001) (“Because [Gregory] previously served in the Army, she falls into the category of ‘preference eligible’ Postal Service employees covered by [the CSRA].”); Orsay, 289 F.3d at 1128 (“If the conduct that Appellants challenge in this action falls within the scope of the CSRA’s ‘prohibited personnel practices,’ then the CSRA’s administrative procedures are…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.