Unpublished Disposition, 848 F.2d 1243 (9th Cir. 1988)

MEMORANDUM^** 

Appellant filed this action against the United States Postal Service alleging he was denied employment because of discrimination based on his race and age in violation of Title VII, the Age Discrimination in Employment Act, and 42 U.S.C. §§ 1981 and 1983. The district court dismissed, and appellant appeals.

The Title VII and ADEA claims were properly dismissed because appellant failed to name and notify the proper defendant, the Postmaster General, within the jurisdictional time limit. See Romain v. Shear, 799 F.2d 1416, 1419 (9th Cir. 1986) (per curiam); Cooper v. United States Postal Serv., 740 F.2d 714 (9th Cir. 1984). Appellant's amendment did not preserve the claim since Federal Rules of Civil Procedure 15(c) permits the "relation back" of amendments only when there has been actual notice. Cooper v. United States Postal Serv., 740 F.2d at 716-17.

Appellant's 42 U.S.C. §§ 1981, 1983 claims were properly dismissed because Title VII provides the exclusive remedy for claims of discrimination in federal employment. See White v. General Services Admin., 652 F.2d 913 (9th Cir. 1981).

AFFIRMED.