Joseph Locascio, Plaintiff-appellant, v. Robert E. Rubin, Secretary of the Treasury, Defendant-appellee, 141 F.3d 1177 (9th Cir. 1998)

MEMORANDUM^* 

Joseph Locascio, a former Internal Revenue Service ("IRS") appeals officer, appeals pro se the district court's dismissal for lack of jurisdiction of his action pursuant to Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, alleging intentional discrimination and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

"The existence of subject matter jurisdiction is a question of law reviewed de novo." Associated Builders & Contractors Inc. v. Local 302 Int'l Brotherhood of Electrical Workers, 109 F.3d 1353, 1355 (9th Cir. 1996). We agree with the district court that it lacked jurisdiction over Locascio's complaint because he failed to appeal directly to the district court from his Merit Systems Protections Board settlement and because he failed to exhaust administrative review of his Equal Employment Opportunity claim. See Vinieratos v.. United States, 939 F.2d 762, 767 n. 2 (9th Cir. 1991).

AFFIRMED.