Barbara Hamm, Plaintiff-appellant, v. U.S. Postal Service; Marvin T. Runyon, Postmaster General,defendants-appellees, 70 F.3d 1278 (9th Cir. 1995)

MEMORANDUM^** 

Barbara Hamm appeals pro se the district court's summary judgment in favor of the United States Postmaster and the United States Postal Service in Hamm's action alleging that she was discharged on account of her disability in violation of the Rehabilitation Act, 29 U.S.C. §§ 701 et seq. The district court found that Hamm's action was barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we review de novo the district court's summary judgment on statute of limitations grounds, see Washington v. Garrett, 10 F.3d 1421, 1436 (9th Cir. 1993). We affirm.

The Merit Systems Protection Board ("MSPB") issued its order on March 15, 1993, and, without seeking review by the Equal Employment Opportunity Commission, Hamm filed this action in district court on July 27, 1993. Thus, Hamm's action was not filed within thirty days from the issuance of the MSPB's final decision and, therefore, was barred by the statute of limitations. See 5 U.S.C. § 7703(b) (2); Washington, 10 F.3d at 1437.

Furthermore, Hamm's intentional failure to retrieve her certified mail from the MSPB is grounds for not tolling the statute of limitations. See Irwin v. Veterans Admin., 498 U.S. 89, 96 (1990); Scholar v. Pacific Bell, 963 F.2d 264, 268 (9th Cir.), cert. denied, 113 S. Ct. 196 (1992).

AFFIRMED.