Frederick M. Stoughton, Plaintiff-appellant, v. Marvin T. Runyon, Postmaster General; U.S. Postal Serviceagency, Defendants-appellees, 92 F.3d 1194 (9th Cir. 1996)

MEMORANDUM^** 

Frederick M. Stoughton appeals pro se the district court's summary judgment in favor of defendants in Stoughton's employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court's grant of summary judgment de novo, see Washington v. Garrett, 10 F.3d 1421, 1428 (9th Cir. 1993), and we affirm.

With respect to Stoughton's claims of retaliation and discrimination on the basis of disability, we conclude that the district court properly granted summary judgment on the ground that Stoughton did not file a timely complaint with the district court. See 5 U.S.C. § 7703(b) (2).

Insofar as Stoughton raised defamation claims, we conclude that such claims are not within the Federal Tort Claims Act's waiver of sovereign immunity. See 28 U.S.C. § 2680(h).

AFFIRMED.