45 Fair empl.prac.cas. 97, 44 Empl. Prac. Dec. P 37,555 Fortunato C. Rivera v. United States Postal Serv., Fortunato C. Rivera v. William F. Bolger, Postmaster Gen., United States Postal Serv., 830 F.2d 1037 (9th Cir. 1987). · Go Syfert
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45 Fair empl.prac.cas. 97, 44 Empl. Prac. Dec. P 37,555 Fortunato C. Rivera v. United States Postal Serv., Fortunato C. Rivera v. William F. Bolger, Postmaster Gen., United States Postal Serv., 830 F.2d 1037 (9th Cir. 1987). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 1993–2023 · 3 courts · …to withdraw is to abandon one's claim, to fail to exhaust one's remedies. at p. 1039 ✓
88 citation events (25 in the last 25 years) across 28 distinct courts.
Strongest positive: Richards v. Foulke Associates, Inc. (paed, 2001-07-09)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Richards v. Foulke Associates, Inc.
E.D. Pa. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
to withdraw is to abandon one's claim, to fail to exhaust one's remedies.
discussed Cited as authority (quoted) CAMPFIELD v. NEW JERSEY TRANSIT
D.N.J. · 2023 · quote attribution · 1 verbatim quote · confidence low
to withdraw is to abandon one's claim, to fail to exhaust one's remedies.
discussed Cited as authority (quoted) Megan Khader v. Les Aspin, Secretary of Defense (2×) also: Cited as authority (rule)
10th Cir. · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
to withdraw is to abandon one's claim, to fail to exhaust one's remedies.
discussed Cited as authority (rule) Laughter v. Gallup Indian Medical Center (2×)
10th Cir. · 2011 · confidence medium
In addition, Rivera, the Ninth Circuit case relied upon by Khader, involved a plaintiff who had filed an administrative appeal from an adverse decision by the Postal Service. 830 F.2d at 1038.
discussed Cited as authority (rule) Saulters v. Nicholson
D. Mass. · 2006 · confidence medium
Askew v. Stone, 81 F.3d 160 , 1996 WL 135024, at *2-38 (6th Cir.1996) (citing Tol-bert, holds that "strict compliance” with time of filing requirements is necessary); Rivera v. U.S.P.S., 830 F.2d 1037, 1038-1039 (9th Cir. 1987) (party filing prematurely must re-file after administrative decision entered); Fleming v. Potter, 2005 U.S. Dist.
examined Cited as authority (rule) James R. Bankston v. Thomas E. White, Secretary of the Army United States of America (4×) also: Cited "see"
9th Cir. · 2003 · confidence medium
Rivera followed early cases from other jurisdictions applying a judicially-created exhaustion rule which abrogated ADEA jurisdiction when the plaintiff was simultaneously involved in judicial and administrative proceedings. 830 F.2d at 1039.
cited Cited as authority (rule) Gerardi v. Hofstra University
E.D.N.Y · 1995 · confidence medium
See also McGinty v. United States Dep’t of the Army, 900 F.2d 1114 , 1117 (7th Cir.1990); Rivera v. United States Postal Service, 830 F.2d 1037, 1038 (9th Cir.1987), cert. denied sub nom.
discussed Cited as authority (rule) Ray Patterson v. Lawrence Eagleburger, Acting Secretary, U.S. Department of State, Washington, D.C. Warren Christopher, Secretary of State
9th Cir. · 1995 · confidence medium
Once a claimant seeks relief from the agency, he may not bring suit until the administrative remedies are "exhausted." Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 (1988).
discussed Cited as authority (rule) Bak v. Postal Service, (U.S.) (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
See Vinieratos v. United States, Dep’t of Air Force, 939 F.2d 762 , 770 (9th Cir.1991) (“[AJbandonment of the administrative process may suffice to terminate an administrative proceeding before a final disposition is reached, thus preventing exhaustion and precluding judicial review.”); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987) (“To withdraw is to abandon one’s claim, to fail to exhaust one’s remedies.”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed Cited as authority (rule) 67 Fair empl.prac.cas. (Bna) 795, 66 Empl. Prac. Dec. P 43,504, 19 Employee Benefits Cas. 1220 Ueon C. Bak v. Postal Service, (u.s.) Marvin Runyon, Postmaster General Does 1 to 20, Inclusive (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
See Vinieratos v. United States, Dep't of Air Force, 939 F.2d 762 , 770 (9th Cir.1991) ("[A]bandonment of the administrative process may suffice to terminate an administrative proceeding before a final disposition is reached, thus preventing exhaustion and precluding judicial review."); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987) ("To withdraw is to abandon one's claim, to fail to exhaust one's remedies."), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed Cited as authority (rule) Erickson v. West (2×)
D. Haw. · 1995 · confidence medium
Plaintiffs must wait 180 days from the filing of an appeal of a final agency decision before filing a civil action. 42 U.S.C. § 2000e-16(c); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed Cited as authority (rule) Miller v. Department of the Interior, Bureau of Reclamation
D. Nev. · 1993 · confidence medium
Several Circuits, including the Ninth Circuit, have held that “once a party appeals to a statutory commission, the appeal must be ‘exhausted.’ To withdraw is to abandon one’s claims, to fail to exhaust one’s remedies.” Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987); see also Purtill v. Harris, 658 F.2d 134 (3rd Cir.1981), McGinty v. United States Department of the Army, 900 F.2d 1114 (7th Cir.1990), Jordan v. United States, 522 F.2d 1128 (8th Cir.1975).
discussed Cited as authority (rule) Patel v. Derwinski
N.D. Ill. · 1991 · confidence medium
See also Vinieratos, 939 F.2d at 771 (discussing McGinty); Chennareddy v. Bowsher, 935 F.2d 315, 321 (D.C.Cir.1991) (collecting cases); Wrenn, 918 F.2d at 1078 ; Bornholdt v. Brady, 869 F.2d 57, 63 (2d Cir.1989); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); White v. Frank, 718 F.Supp. 592, 596-97 (W.D.Tex.1989), aff'd, 895 F.2d 243 (5th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 232 , 112 L.Ed.2d 192 (1990).
discussed Cited as authority (rule) 56 Fair empl.prac.cas. 843, 56 Empl. Prac. Dec. P 40,895 Edward R. Vinieratos v. United States of America, Department of the Air Force, Through Edward C. Aldridge, Jr., Secretary of the Air Force
9th Cir. · 1991 · confidence medium
We think this rule is sound. 46 830 F.2d at 1039 (citations omitted). 47 Similarly, in the widely cited case of Purtill v. Harris, 658 F.2d 134 (3d Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983), the Third Circuit affirmed dismissal of a suit brought under the Age Discrimination in Employment Act, which also requires claimants to elect one of two alternative avenues of relief.
cited Cited as authority (rule) Vinieratos v. United States, Department of the Air Force ex rel. Aldridge
9th Cir. · 1991 · confidence medium
We think this rule is sound. 830 F.2d at 1039 (citations omitted).
discussed Cited as authority (rule) Chennareddy v. Bowsher
D.C. Cir. · 1991 · confidence medium
See, e.g., Wrenn v. Secretary, Dep't of Veterans Affairs, 918 F.2d 1073, 1078 (2d Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 1625 , 113 L.Ed.2d 721 (1991); Tolbert v. United States, 916 F.2d 245, 249 (5th Cir.1990); McGinty v. United States Dep't of Army, 900 F.2d 1114 , 1117 (7th Cir.1990); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); McIntosh v. Weinberger, 810 F.2d 1411, 1425 (8th Cir.1987); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Ray v. Nimmo, 704 F.2d 1480 , 1484…
discussed Cited as authority (rule) Chennareddy v. Bowsher
D.C. Cir. · 1991 · confidence medium
See, e.g., Wrenn v. Secretary, Dep’t of Veterans Affairs, 918 F.2d 1073, 1078 (2d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1625 , 113 L.Ed.2d 721 (1991); Tolbert v. United States, 916 F.2d 245, 249 (5th Cir.1990); McGinty v. United States Dep’t of Army, 900 F.2d 1114 , 1117 (7th Cir.1990); Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); McIntosh v. Weinberger, 810 F.2d 1411, 1425 (8th Cir.1987); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Ray v. Nimmo, 704 F.2d 1480 , 148…
discussed Cited as authority (rule) Stevens v. Department of Treasury (2×)
SCOTUS · 1991 · confidence medium
See Brief for Respondents 30, n. 22. [*] See Purtill v. Harris, 658 F. 2d 134, 138 (CA3 1981), cert. denied, 462 U. S. 1131 (1983); Castro v. United States, 775 F. 2d 399, 404 (CA1 1985); Rivera v. United States Postal Service, 830 F. 2d 1037, 1039 (CA9 1987), cert. denied, 486 U. S. 1009 (1988); Bornholdt v. Brady, 869 F. 2d 57, 63 (CA2 1989); White v. Frank, 895 F. 2d 243, 244 (CA5), cert. denied, 498 U. S. 890 (1990); McGinty v. United States Department of Army, 900 F. 2d 1114, 1117 (CA7 1990).
cited Cited "see" Carter v. Ridge
5th Cir. · 2007 · signal: see · confidence high
See Rivera, 830 F.2d at 1039.
cited Cited "see" Buckley v. Meis
9th Cir. · 2003 · signal: see · confidence high
See Rivera v. United States Postal Serv., 830 F.2d 1037 , 1039 (9th Cir. 1987).
discussed Cited "see" Rosemary B. Greenlaw v. H. Lawrence Garrett, Iii, Secretary, Department of the Navy B.J. McMillin Richard B. Cheney, Secretary, Department of Defense
9th Cir. · 1996 · signal: see · confidence high
Purtill v. Harris, 658 F.2d 134, 138 (3rd Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983); See Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.) (claimant who withdrew his administrative claim prior to final disposition failed to exhaust administrative relief and claim was properly dismissed by the district court), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1987).
discussed Cited "see" Brown v. City of New York
S.D.N.Y. · 1994 · signal: see · confidence high
See Rivera v. United States Postal Serv., 830 F.2d 1037 , 1039 (9th Cir.1987) (“To withdraw is to abandon one’s claim, to fail to exhaust one’s remedies.”), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
cited Cited "see" Steve Gorsline v. United States Army Reserve
10th Cir. · 1993 · signal: see · confidence high
See Rivera v. U.S. Postal Serv., 830 F.2d 1037 , 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 (1988).
cited Cited "see" Robert Wright v. United Airlines, Inc.
9th Cir. · 1993 · signal: see · confidence high
See Rivera, 830 F.2d at 1039. 8 However, Wright may litigate claims of retaliation that are "reasonably related" to the allegations in his second EEOC charge.
discussed Cited "see" Robert Wright v. United Airlines, Inc.
9th Cir. · 1993 · signal: see · confidence high
See Rivera, 830 F.2d at 1039. 7 Therefore, the district court properly granted summary judgment in favor of United. 8 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited Cited "see" Tanious v. Internal Revenue Service
9th Cir. · 1990 · signal: see · confidence high
See Rivera v. U.S. Postal Service, 830 F.2d 1037 (9th Cir.1987) (To withdraw is to abandon one’s claim, to fail to exhaust one’s remedy.
discussed Cited "see, e.g." Hansen v. Jones Lang LaSalle Americas, Inc.
D. Conn. · 2015 · signal: see also · confidence low
See Puckett v. Tennessee Eastman Co., 889 F.2d 1481, 1488 (6th Cir.1989); see also Rivera v. U.S. Postal Serv., 830 F.2d 1037 , 1039 (9th Cir.1987) (“To withdraw is to abandon one’s claim, to fail to exhaust one’s remedies.”); Brown v. City of New York, 869 F.Supp. 158, 170 (S.D.N.Y.1994) (plaintiff “effectively failed to exhaust his remedies” by withdrawing his EEOC claims).
cited Cited "see, e.g." Mahomes v. Potter
D.S.C. · 2008 · signal: see, e.g. · confidence low
See, e.g., Khader v. Aspin, 1 F.3d 968, 971 (10th Cir.1993) (citing Rivera v. U.S. Postal Service, 830 F.2d 1037 , 1039 (9th Cir.1987)); Coffman v. Glickman, 328 F.3d 619, 624 (10th Cir.2003).
discussed Cited "see, e.g." Tsai v. Helfer
S.D.N.Y. · 1996 · signal: see also · confidence low
See Bornholdt at 63-4 (dismissal of claim with prejudice because it was withdrawn by plaintiff does not constitute a “final decision”); see also Miller, 827 F.Supp. at 638 (citing Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987) for the proposition that “once a party appeals to a statutory commission, the appeal must be ‘exhausted.’ To withdraw is to abandon one’s claims, to fail to exhaust one’s remedies.”); Purtill v. Harris, 658 F.2d 134, 138 (3d Cir.1981) (“Allowing a plaintiff to abandon the administrative remedies he has initiated would tend to frust…
cited Cited "see, e.g." Sharon v. Yellow Freight System, Inc.
D. Kan. · 1994 · signal: see also · confidence medium
See, also, Rivera v. U.S. Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988).
discussed Cited "see, e.g." Afifa AFIFI, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR, Defendant-Appellee
4th Cir. · 1991 · signal: compare · confidence low
Compare Richerson v. Jones, 572 F.2d 89, 97 (3d Cir.1978), with Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987), ce rt. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988). 4 .Afifi offers no argument that the dismissal of her discrimination claims as barred by res judi-cata was erroneous.
discussed Cited "see, e.g." Medwid v. Baker
S.D.N.Y. · 1990 · signal: see, e.g. · confidence low
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Purtill v. Harris, 658 F.2d 134, 138 (3d Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983).
discussed Cited "see, e.g." 56 Fair empl.prac.cas. 152, 55 Empl. Prac. Dec. P 40,342 Michelle Y. Tolbert v. United States of America and Preston R. Tisch, in His Capacity as Postmaster General of the United States Postal Service
5th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988) ("[O]nce a party appeals to a statutory agency, board or commission, the appeal must be 'exhausted.' ...
discussed Cited "see, e.g." Tolbert v. United States
5th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037, 1039 (9th Cir.1987), cert. denied, 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988) (“[Ojnce a party appeals to a statutory agency, board or commission, the appeal must be ‘exhausted.’ ...
discussed Cited "see, e.g." Attwell v. Granger
N.D. Ga. · 1990 · signal: see, e.g. · confidence low
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987), ce rt. denied 486 U.S. 1009 , 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988), r’hg denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 922 ; Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Purtill v. Harris, 658 F.2d 134, 138 (3d Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983).
discussed Cited "see, e.g." Bornholdt v. Brady
2d Cir. · 1989 · signal: see, e.g. · confidence low
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Purtill v. Harris, 658 F.2d 134, 138 (3d Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983).
discussed Cited "see, e.g." 54 Fair empl.prac.cas. 987, 49 Empl. Prac. Dec. P 38,770 Frank B. Bornholdt v. Nicholas F. Brady, Secretary of the United States Department of Treasury, and Lawrence B. Gibbs, Commissioner of the Internal Revenue Service of the United States of America
2d Cir. · 1989 · signal: see, e.g. · confidence low
See, e.g., Rivera v. United States Postal Service, 830 F.2d 1037 (9th Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 1737 , 100 L.Ed.2d 200 (1988); Castro v. United States, 775 F.2d 399, 404 (1st Cir.1985); Purtill v. Harris, 658 F.2d 134, 138 (3d Cir.1981), cert. denied, 462 U.S. 1131 , 103 S.Ct. 3110 , 77 L.Ed.2d 1365 (1983).
Retrieving the full opinion text from the archive…
45 Fair empl.prac.cas. 97, 44 Empl. Prac. Dec. P 37,555 Fortunato C. Rivera
v.
United States Postal Service, Fortunato C. Rivera v. William F. Bolger, Postmaster General, United States Postal Service
86-6589.
Court of Appeals for the Ninth Circuit.
Oct 20, 1987.
830 F.2d 1037
Cited by 1 opinion  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: Tenth Circuit (1) · D. New Jersey (1)

830 F.2d 1037

45 Fair Empl.Prac.Cas. 97, 44 Empl. Prac.
Dec. P 37,555
Fortunato C. RIVERA, Plaintiff-Appellant,
v.
UNITED STATES POSTAL SERVICE, Defendant-Appellee.
Fortunato C. RIVERA, Plaintiff-Appellant,
v.
William F. BOLGER, Postmaster General, United States Postal
Service, Defendants-Appellees.

Nos. 86-6589, 86-6607.

United States Court of Appeals,
Ninth Circuit.

Submitted Aug. 12, 1987.[*]
Decided Oct. 20, 1987.

Fortunato C. Rivera, pro se.

James A. Friedman, Geoffrey A. Drucker, Washington, D.C., for defendant-appellee.

Appeal from the United States District Court for the Central District of California.

Before ANDERSON, PREGERSON and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

[*~1037]1

Fortunato C. Rivera appeals from two district court judgments against him in two separate Title VII and age discrimination cases against the United States Postal Service. We consolidate the cases and affirm the district court.

FACTS

2

Fortunato C. Rivera is a United States citizen of Filipino ancestry, now 63-years-old. He is the holder of B.S. and M.A. degrees in education and is also a Bachelor of Arts. He has been a part-time college instructor, a government supervisor of private schools, an office supervisor, and a senior clerk. He has three certificates in Postal Management and Customer Service, and was a candidate in the Profile Assessment System for Supervisor. On three separate occasions, in 1978, 1979, and 1980, he applied to the Postal Service for promotion to Equal Employment Opportunity Investigator. Each time other applicants were selected in his place.

3

Rivera did not file an administrative complaint as to his non-selection in 1978. He did file such a complaint as to his 1979 rejection and after the Postal Service ruled against him, he timely appealed on August 30, 1982 to the Equal Employment Opportunity Commission (EEOC). On October 10, 1982, he wrote the EEOC requesting "cancellation" of his notice of appeal. He then filed suit with the district court. The EEOC, by decision of April 21, 1983, upheld the Postal Service. Rivera did not think it necessary within 30 days to file a new appeal to the district court and relied on his earlier filing. Rivera also made an administrative complaint as to the 1980 rejection and after the complaint was rejected by the Postal Service he timely brought suit in the district court; he also sued the Postal Service for discrimination in failing to promote him in 1978, and in 1979.

4

In addition, Rivera applied in 1980 for promotion to a supervisory position in the Postal Service and was rejected from the training program. He filed an administrative complaint which was rejected and from this rejection he timely filed suit in the district court.

ANALYSIS

5

Unfortunately Rivera's 1978 claim is barred by an inexorable rule: failure to exhaust his administrative remedies. 42 U.S.C. Sec. 2000e-16(c). His twin claims for 1980 were tried on the merits to the district court. To overturn the district court, Rivera must show that the court was clearly erroneous in its findings of fact. This showing he has failed to make.

6

The meat of Rivera's appeal consists of an issue relating to his 1979 case not yet decided by this circuit. He had appealed to the EEOC from the Postal Service's decision. Within two months he had withdrawn this appeal by "cancellation." Did the withdrawal open the way to the district court, a path he might have followed initially if he had not first chosen the EEOC route, or was he bound, per 42 U.S.C. Sec. 2000e-16(c), for 180 days to stay with the EEOC?

[*1037]7

The answer to this question is not entirely obvious. Again the path of the law laid out by other circuits is contrary to Rivera's position. The view has been taken that once a party appeals to a statutory agency, board or commission, the appeal must be "exhausted." To withdraw is to abandon one's claim, to fail to exhaust one's remedies. Impatience with the agency does not justify immediate resort to the courts. See Castro v. United States, 775 F.2d 399, 403-04 (1st Cir.1985); Purtill v. Harris, 658 F.2d 134, 138 (3rd Cir.1981); Jordan v. United States, 522 F.2d 1128, 1132 (8th Cir.1975). We think this rule is sound. It means in the 1979 case that Rivera was not free to file in the district court until the EEOC ruled on April 21, 1983. He then failed to meet the statutory deadline.

[*~1038]8

AFFIRMED.

*

The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed.R.App.P. 34(a)