Kathleen Melendez v. Sec'y Kathleen Sebelius, 611 F. App'x 762 (4th Cir. 2015). · Go Syfert
Kathleen Melendez v. Sec'y Kathleen Sebelius, 611 F. App'x 762 (4th Cir. 2015). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 6 distinct courts.
Strongest positive: Darrell P. Harris v. Louis DeJoy, et al. (mdd, 2025-11-04)
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Darrell P. Harris v. Louis DeJoy, et al.
D. Maryland · 2025 · confidence medium
Thus, federal employees who sue under the Rehabilitation Act “must exhaust their available administrative remedies before pursuing an action in federal court.” Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015).
discussed Cited as authority (rule) Morton v. DeJoy
E.D. Va. · 2025 · confidence medium
“Federal employees . . . who seek to enforce their rights under . . . the Rehabilitation Act must exhaust their available administrative remedies before pursuing an action in federal court.” Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015) (per curiam) (collecting statutes, binding cases, and regulations); see Emmert v. Runyon, 178 F.3d 1283 (4th Cir. 1999) (per curiam) (unpublished table opinion) (collecting authorities).
discussed Cited as authority (rule) Gear Design and Manufacturing LLC v. Sansera Engineering Limited
D.S.C. · 2024 · confidence medium
(Id.) The Court first notes that motions to reconsider “may not be used . . . to raise arguments . . . that could have been raised prior to the entry of judgment.” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Morton v. DeJoy
E.D. Va. · 2024 · confidence medium
“Federal employees . . . who seek to enforce their rights under Title VII . . . and the Rehabilitation Act must exhaust their available administrative remedies before pursuing an action in federal court.” Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015) (per curiam); see also Stewart v. Iancu, 912 F.3d 693 , 698–99 (4th Cir. 2019) (“Rehabilitation Act claims ‘must comply with the same administrative procedures that govern federal employee Title VII claims.’” (quoting Wilkinson v. Rumsfeld, 100 F. App’x 155, 157 (4th Cir. 2004))).
discussed Cited as authority (rule) Morton v. DeJoy
E.D. Va. · 2024 · confidence medium
On top of this, however, “[f]ederal employees . . . who seek to enforce their rights under . . . the [RA] must exhaust their available administrative remedies before pursuing an action in federal court.” Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015) (per curiam) (collecting statutes, binding cases, and regulations); see Emmert v. Runyon, 178 F.3d 1283 (4th Cir. 1999) (per curiam) (unpublished table opinion) (collecting authorities).
discussed Cited as authority (rule) Gautier v. Tams Management, Inc.
S.D.W. Va · 2024 · confidence medium
As stated above, a motion to amend judgment pursuant to Rule 59(e) “may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.” Melendez v. Sebelius, 611 Fed.Appx. 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Hysell v. Raleigh General Hospital
S.D.W. Va · 2023 · confidence medium
In addition, Rule 59(e) motions “may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.” Melendez v. Sebelius, 611 Fed.Appx. 762, 764 (4th Cir. 2015) (per curiam) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Berry v. The Secure Relationship, LLC
D.S.C. · 2023 · confidence medium
“Rule 59(e) motions ‘may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.’” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
cited Cited as authority (rule) United Property & Casualty Insurance v. Couture
D.S.C. · 2022 · confidence medium
Couture’s motion for reconsideration is thus timely. of judgment.” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Scibek v. Gilbert
D.S.C. · 2022 · confidence medium
Likewise, “Rule 59(e) motions ‘may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.’” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).?
discussed Cited as authority (rule) Harriman v. Associated Industries Insurance Company Inc
D.S.C. · 2022 · confidence medium
“Rule 59(e) motions ‘may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.’” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Phillips and Jordan Inc v. McCarthy Improvement Inc
D.S.C. · 2021 · confidence medium
“Rule 59(e) motions ‘may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment.’” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015) (quoting Exxon Shipping Co. v. Baker, 554 U.S. 471 , 486 n.5 (2008)).
discussed Cited as authority (rule) Brevard v. Racing Corporation of West Virginia
S.D.W. Va · 2020 · confidence medium
See Love v. Pullman Co., 404 U.S. 522 (1972); Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015) (requiring exhaustion under Title VII); Nesbit-Harris v. Jackson, No. 3:07-696, 2008 WL 2329173 , at *3 (E.D.
discussed Cited as authority (rule) Rogers v. Wilkie
M.D. Ala. · 2019 · confidence medium
However, courts in the Eleventh Circuit, as well as other courts of appeal and district courts, have unanimously held that an employee’s failure to cooperate in the administrative process only precludes exhaustion “when it prevents the agency from making a determination on the merits.” Melendez v. Sebelius, 611 F. App’x 762, 764 (4th Cir. 2015); see, e.g., Jasch v. Potter, 302 DF.3d 1092, 1095-96 (9th Cir. 2002) (“[I]f an agency reaches the merits of a claim, despite a claimant’s failure to comply with requests for information, administrative remedies should be presumed sufficientl…
discussed Cited as authority (rule) Pugh v. McDonald (2×)
M.D.N.C. · 2017 · confidence medium
Dep’t of Corr., 48 F.3d 134 , 137-40 (4th Cir. 1995) (“Before a federal court may assume jurisdiction over a claim under Title VII, however, a claimant must exhaust the administrative procedures.”); Jones v. Calvert Grp., Ltd., 551 F.3d 297, 300 (4th Cir. 2009) (a plaintiffs failure to exhaust administrative remedies deprives federal courts of subject matter jurisdiction over ADEA claims); Melendez v. Sebelius, 611 Fed.Appx. 762, 764 (4th Cir. 2015) (affirming district court’s dismissal of federal employee’s claims under Title VII, the Americans with Disabilities Act, and the Rehabil…
discussed Cited as authority (rule) Sillah v. Burwell
D. Maryland · 2017 · confidence medium
Md. 2011), aff'd, 517 Fed.Appx. 190 (4th Cir. 2013), as amended (May 3, 2013) (“As a general matter, Maryland courts rely on ADA case law for guidance when interpreting the MCHRA.”) (citing Ridgely v. Montgomery Cnty., 164 Md.App. 214 , 883 A.2d 182, 193 (2005)). 6 Failure to exhaust “deprives the federal courts of subject matter jurisdiction over the claim.” Kim, 2010 WL 2253656 , at *4; accord Jones v. Calvert Group, Ltd., 551 F.3d 297, 300 (4th Cir. 2009) (citing Davis v. North Carolina Dep’t of Corr., 48 F.3d 134 , 138—40 (4th Cir. 1995)); Melendez v. Sebelius, 611 Fed.Appx. 76…
cited Cited as authority (rule) Stewart v. Lee
E.D. Va. · 2017 · confidence medium
Melendez v. Sebelius, 611 Fed.
cited Cited "see, e.g." Robert Andre Reynolds v. David Steiner, Dormes Black, Donte Bessent, and Mya Simpson
D.S.C. · 2026 · signal: see, e.g. · confidence medium
See, e.g., Melendez v. Sebelius, 611 F. App’x 762, 763 (4th Cir. 2015).
Retrieving the full opinion text from the archive…
Kathleen I. MELENDEZ, Plaintiff-Appellant,
v.
Secretary Kathleen SEBELIUS, Secretary, U.S. Department of Health and Human Services; United States Attorney’s Office; United States Attorney General, Defendants-Appellees
14-1909.
Court of Appeals for the Fourth Circuit.
May 18, 2015.
611 F. App'x 762
Donald M. Temple, Temple Law Group, Washington, D.C., for Appellant. Rod J. Rosenstein, United States Attorney, Sarah A. Marquardt, United States Attorney’s Office, Baltimore, Maryland, for Appellees.
Agee, Harris, Niemeyer, Per Curiam.
Cited by 17 opinions  |  Unpublished

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kathleen I. Melendez — an employee of the United States Department of Health and Human Services (“the department”)— appeals from the district court’s order denying her Fed.R.Civ.P. 59(e) motion seeking reconsideration of its prior order granting Defendant Secretary Kathleen Sebelius’ motion under Fed.R.Civ.P. 12(b)(1) and dismissing her civil action under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 for lack of subject matter jurisdiction. We affirm.

Where a challenge under Rule 12(b)(1) is raised to the asserted basis for subject matter jurisdiction, the burden of proving the asserted basis for jurisdiction falls on the plaintiff. Smith v. Wash. Metro. Area Transit Auth., 290 F.3d 201, 205 (4th Cir.2002); Richmond, Fredericksburg & Potomac R.R. Co.v. United States, 945 F.2d 765, 768 (4th Cir.1991). In determining whether jurisdiction exists, the district court is to regard the allegations in the complaint as “mere evidence” and may consider evidence outside the pleadings without converting the motion into one for summary judgment. Richmond, Fredericksburg & Potomac R.R. Co., 945 F.2d at 768. The court should grant a Rule 12(b)(1) motion to dismiss “only if the material jurisdictional facts are not in dispute and the moving party is entitled to prevail as a matter of law.” Evans v. B.F. Perkins Co., 166 F.3d 642, 647 (4th Cir.1999) (intérnal quotation marks omitted). We review a district court’s dismissal under Rule 12(b)(1) de novo. Id.

Federal employees like Melendez who seek to enforce their rights under Title VII, the Americans with Disabilities Act, and the Rehabilitation Act must exhaust their available administrative remedies before pursuing an action in federal court. 29 U.S.C. § 794a(a)(l) (2012); 42 U.S.C. § 2000e-16(c) (2012); 42 U.S.C. § 12117(a) (2012); Brown v. Gen. Serv. Admin., 425 U.S. 820, 832, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976); Laber v. Harvey, 438 F.3d 404, 415-16 (4th Cir.2006); 29 C.F.R. § 1614.103(a), (b)(2) (2014). The exhaustion requirement exists to minimize “judicial interference with the operation of the federal government.” Doe v. Oberweis Dairy, 456 F.3d 704, 712 (7th Cir.2006). The requirement is meant “‘to give the agency the opportunity to right any wrong it may have committed.’ ” Jasch v. Potter, 302 F.3d 1092, 1096 (9th Cir.2002) (quoting McRae v. Librarian of Congress, 843 F.2d 1494, 1496 (D.C.Cir.1988) (per curiam)). “If the agency has had this opportunity and has made a determination concerning discrimination, the administrative process has not been obstructed. It has been exhausted.” Jasch, 302 F.3d at 1096.

“Exhaustion [with respect to a federal employee] requires that a plaintiff comply with regulatory and judicially-imposed exhaustion requirements, including the requirement to pursue the administrative claim with diligence and in good faith.” Id. at 1094 (internal quotation marks omitted). “A complainant’s failure to cooperate in the administrative process precludes exhaustion when it prevents the agency from making a determination on the merits.” Id.; see Wilson v. Pena, 79 F.3d 154, 164 (D.C.Cir.1996) (“If a complainant forces an agency to dismiss ... the com[*764] plaint by failing to provide sufficient information to enable [investigation], he may not file ... suit. Even though the dismissal is final action, ... the suit will be barred for failure to exhaust administrative remedies.” (internal quotation marks omitted)); Woodard v. Lehman, 717 F.2d 909, 915 (4th Cir.1983) (“When the plaintiffs refused to provide such information and thereby frustrated administrative review of the merits of their claims, the District Court should not have reached the merits of their claims but should have granted the defendant’s motion to dismiss for failure to exhaust administrative remedies.” (internal quotation marks omitted)).

Here, Melendez initially availed herself of the relevant administrative process by filing an administrative complaint with the department and requesting a hearing before and decision from an administrative judge after the issuance of the department’s investigative report. See Laber, 438 F.3d at 416; 29 C.F.R. §§ 1614.106, 108 (2014). Following the appointment of the administrative judge, however, Melendez failed to cooperate with the requirements of the administrative process by failing to respond to the department’s discovery requests and failing to reinstate her administrative complaint after its dismissal without prejudice. By failing to so cooperate, Melendez precluded the possibility of exhaustion by preventing a determination by the administrative judge on the merits of her claims. See Jasch, 302 F.3d at 1094; Wilson, 79 F.3d at 164; Woodard, 717 F.2d at 915. She thus failed to exhaust her administrative remedies. In view of this lack of exhaustion, the district court was deprived of subject matter jurisdiction over her civil action and properly dismissed it. See Jones v. Calvert Grp., Ltd., 551 F.3d 297, 300-01 (4th Cir.2009); Laber, 438 F.3d at 414 n. 5.

After review of the parties’ briefs, we reject Melendez’s claim of error, raised for the first time on appeal, that she was not required to administratively exhaust her claim of post-complaint retaliation. See Karpel v. Inova Health Sys. Servs., 134 F.3d 1222, 1227 (4th Cir.1998). We also reject as without merit Melendez’s contentions that she exhausted her administrative remedies and acted in good faith in the administrative process.

We further reject as without merit Melendez’s challenge to the district court’s denial of her Rule 59(e) motion. See Mayfield v. Nat’l Ass’n for Stock Car Auto Racing, Inc., 674 F.3d 369, 378 (4th Cir.2012) (“A Rule 59(e) motion [the denial of which is reviewed for abuse of discretion] may only be granted in three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice.” (internal quotation marks omitted)). Melendez did not rely on any intervening change in law. She also was not entitled to relief to account for new evidence because nothing in the record suggests that the evidence on which she relied in her motion was unavailable to her at the time of the district court’s dismissal ruling. See Ingle ex rel. Estate of Ingle v. Yelton, 439 F.3d 191, 198 (4th Cir.2006). The district court did not reversibly err in dismissing Melendez’s action, and nothing in her motion suggested the presence of a manifest injustice. Because Rule 59(e) motions “may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment,” Exxon Shipping Co. v. Baker, 554 U.S. 471, 486 n. 5, 128 S.Ct. 2605, 171 L.Ed.2d 570 (2008) (internal quotation marks omitted), Melendez’s Rule 59(e) motion raising additional arguments to sup[*765] port her position on administrative exhaustion properly was denied.

Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.