Unpublished Disposition, 886 F.2d 334 (9th Cir. 1988)

MEMORANDUM^** 

We affirm the summary judgment order of the district court entered on March 28, 1988 for the reasons given by the district judge.

Plaintiff's civil rights complaint sought reinstatement with the United States Postal Service effective in 1982, plus lost salary and attorney's fees. He had been a postal employee briefly in 1979 and 1980, and resigned voluntarily. He had filed an Equal Employment Opportunity complaint which was resolved by an informal agreement. The Postal Service denied his request for reinstatement because it had no vacant positions and because he had been an unsatisfactory employee. It denied his requests for reinstatement by letters dated September 3, 1982, January 6, 1983, and May 21, 1983. He contended that these denials were in retaliation for filing his EEOC complaint.

The district court granted the defendant summary judgment because plaintiff failed timely to exhaust his administrative remedies. Before an aggrieved federal employee can pursue a claim in the courts under 42 U.S.C. § 2000e-16(c), administrative remedies must be exhausted. See Brown v. General Service Administration, 425 U.S. 820, 829-32 (1976). A claimant has 30 days to bring the grievance to the attention of an EEOC counselor. 29 C.F.R. Sec. 1613.214(a) (i) (1988); Boyd v. United States Postal Service, 752 F.2d 410, 414 (9th Cir. 1985). The period for filing a complaint of discrimination begins to run when the facts that support the charge would have been apparent to a similarly situated person with a reasonable prudent regard for his rights. Boyd, 752 F.2d at 414.

The Postal Service first notified plaintiff that it would not reinstate him in September 1982, but he filed no complaint until May 1983. His failure to act within 30 days after receiving the September letter was not an exercise in reasonable prudence. He has presented no facts that compels our application of waiver, estoppel or equitable tolling. Id.

AFFIRMED.