Richard E. Harms v. Paul O'Neill

57 F. App'x 720

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 17, 2003
• Docket: 02-2998
• Status: Unpublished

Opinion

PER CURIAM.

Richard Evan Harms brought this action under Title VII and the Americans with Disabilities Act, alleging that during his employment with the Internal Revenue Service, he was denied promotions, subjected to unequal terms and conditions of employment, and discharged, all on account of his race and gender; that he had been the victim of retaliation; and that his disability had not been accommodated. The district court 2 dismissed his claims, and he appeals. After careful review of the record, we affirm.

Harms did not exhaust his administrative remedies, which is a prerequisite to filing suit in federal court. See McAdams v. Reno, 64 F.3d 1137, 1141 (8th Cir.1995). Although he initially pursued his claims with the Merit System Protection Board, he subsequently abandoned those claims. As a result, he is now precluded from raising them in this civil action. See id. at 1142.

Accordingly, we affirm.

A true copy.

2 . The HONORABLE ORTRIE D. SMITH, United States District Judge for the Western District of Missouri.