Jack H. Hocker, Plaintiff-appellant, v. Fredrico Pena, Department of Transportation Agency,defendant-appellee, 122 F.3d 1071 (9th Cir. 1997)

MEMORANDUM^* 

Jack H. Hocker appeals pro se the district court's dismissal of his employment-discrimination action for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim, see Everest & Jennings v. American Motorists Ins. Co., 23 F.3d 226, 228 (9th Cir. 1994), and we affirm.

On April 5, 1991, Hocker was terminated from his position with the Federal Aviation Administration ("FAA") for failure to meet the medical requirements for his position. On December 12, 1991, the Merit Systems Protection Board ("MSPB") issued a decision that Hocker should be reinstated and that the FAA should issue a feasibility assessment of waiving the medical requirement.

On July 7, 1992, Hocker filed his first petition to enforce the MSPB's December 1991 decision. This petition was voluntarily dismissed by Hocker.

On January 7, 1993, Hocker filed his second petition to enforce the MSPB's December 1991 decision. On April 16, 1993, an administrative law judge ("ALJ") recommended that the MSPB find the FAA's feasibility assessment inadequate and deny Hocker's request for compensatory damages. On July 12, 1994, the MSPB declined to adopt the ALJ's recommendation and remanded Hocker's case for a determination of compensatory damages.

On September 27, 1994, Hocker entered into a settlement agreement in which he waived "all claims ... and all rights to file a civil action against the United States Department of Transportation which arise out of [Hocker's] Motion for Enforcement of Board's Order, dated January 7, 1993...."

Hocker's action in the district court seeks review of the MSPB's July 1994 order.

The district court properly concluded, as a matter of law, that the settlement agreement barred the claims raised in Hocker's amended complaint. See United Commercial Ins. Serv., Inc. v. Paymaster Corp., 962 F.2d 853, 856 (9th Cir. 1992).

AFFIRMED.