Brent

Brent v. Dominguez

Good Law
234 F. App'x 528
United States Court of Appeals for the Ninth CircuitJune 11, 2007No. 06-55130California268 words

Opinion

Lead Opinion

MEMORANDUM **

George Brent appeals pro se from the district court’s order dismissing his action alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., by the United States Air Force (“Air Force”), and violations of the Administrative Procedures Act (“APA”), 5 U.S.C. § 551 et seq. We have jurisdiction pursu *529 ant to 28 U.S.C. § 1291 . We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004) (dismissals based on a statute of limitations); id. (decisions whether to apply equitable tolling where the facts are undisputed); Hale v. Norton, 476 F.3d 694, 697 (9th Cir.2007) (dismissals for lack of subject matter jurisdiction). We affirm.

The district court properly dismissed Brent’s Title VII claims because, despite the Air Force’s clear notice to him of his rights, Brent failed timely either to appeal the Air Force’s Final Agency Determination of his discrimination claims to the Merit Systems Protection Board or file an action in United States District Court. See Leorna v. U.S. Dep’t of State, 105 F.3d 548, 551 (9th Cir.1997) (explaining that the doctrine of equitable tolling “has been consistently applied to excuse a claimant’s…

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