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31 F. App'x 511

Wroge v. Potter

U.S. Courts of Appeals

Decided March 18, 2002

U.S. Courts of Appeals · decided 2002-03-18

Applies 28 U.S.C. § 1291

Relies on Barnett v. Centoni · Merrick v. Farmers Insurance Group · Jerves v. United States

Decided 2002-03-18

¶1MEMORANDUM…

¶2Steve Wroge appeals pro se the district court’s dismissal and summary judgment orders in his action against the U.S. Postal Service alleging disability discrimination and various torts. We have jurisdiction pursuant to 28 U.S.C. § 1291. After de novo review, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam), we affirm.

¶3Because Wroge failed to exhaust his administrative remedies under the Federal Tort Claims Act, the district court properly dismissed his tort claims. See Jerves v. United States, 966 F.2d 517, 521 (9th Cir. 1992).

¶4Because Wroge failed to raise a genuine issue of material fact as to whether the Postal Service’s proffered reason for taking disciplinary action against him was pretextual, the district court properly granted summary judgment on his disability discrimination claim. See Merrick v. Farmers Ins. Group, 892 F.2d 1434, 1437 (9th Cir.1990).

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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