Patrick Takeuchi v. JOHN M. MCHUGH, Secretary of the Army

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PATRICK TAKEUCHI,
Plaintiff-Appellant,
v.
JOHN M. MCHUGH, Secretary of the
Army*,
Defendant-Appellee.
No. 15-17205
D.C. No. 1:14-cv-00299-JMS-KSC
MEMORANDUM**
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, Chief Judge, Presiding
Submitted January 18, 2017***
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Patrick Takeuchi appeals pro se from the district court’s judgment
dismissing his Title VII action. We have jurisdiction under 28 U.S.C. § 1291. We
* Eric Fanning is substituted for his predecessor, John M. McHugh, as
Secretary of the Army under Fed. R. App. P. 43(c)(2).
** This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-17205
review de novo. Vinieratos v. U.S. Dep’t of Air Force Through Aldridge, 939 F.2d
762, 767-68 (9th Cir. 1991). We affirm.
The district court properly dismissed Takeuchi’s Title VII action because
Takeuchi failed to exhaust his administrative remedies. See id. at 772 (“The law
requires an aggrieved federal employee to elect one exclusive administrative
remedy and to exhaust whatever remedy he chooses.”).
We do not consider claims raised for the first time on appeal. See Padgett v.
Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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