At page 511 Determining scope of federal court review under CSRA34 citing cases“the comprehensive nature of the procedures and remedies provided by the csra indicates a clear congressional intent to permit federal court review as provided in the csra or not at all.”
- Witte v. Matanuska-Susitna Borough, 787 F. Supp. 907 (D. Alaska 1992).published (no due process protected property right in obtaining a merit pay increase)
- Moore v. Glickman, 113 F.3d 988 (9th Cir. 1997).published(the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit federal court review as provided in the CSRA or not at all.)
- James L. Worthington v. Daniel Glickman , Sec'y, U.S. Dep't of Agric., 91 F.3d 158 (9th Cir. 1996).unpublished (the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit federal court review as provided in the CSRA or not at all.)
- Stanley v. Gonzales, No. 04-17147 (9th Cir. Jan. 16, 2007).published See id. (“[T]he CSRA precludes even those Bivens claims for which the act prescribes no alternative remedy.”).
- Fairbanks, No. 2:26-cv-01039 (D. Ariz. Sept. 3, 2026).See United States v. Fausto, 484 U.S. 439, 448 (1988) (“[W]e think 9 Congress’ intention is fairly discernible, and that the presumption favoring judicial review 10 has been overcome by inferences of intent drawn from the statutory scheme…
- Drevaleva v. United States of Am., No. 4:19-cv-01454, 2019 WL 4574524 (N.D. Cal. Sept. 20, 2019).Our court of appeals has 9 held that the CSRA supplants any jurisdiction of the MSPB by federal courts under the APA. 10 Veit v. Heckler, 746 F.2d 508, 511 (9th Cir. 1984). 11 In the instant case, plaintiff seeks judicial review of the Min…
- Leslie Kerr v. Sally Jewell, 836 F.3d 1048 (9th Cir. 2016).publishedIn Veit v. Heckler, 746 F.2d 508, 511 (9th Cir. 1984), we held “the federal courts have no power to review federal personnel decisions and procedures unless such review is expressly authorized by Congress in the CSRA or elsewhere,” agreein…
- Dotson v. Griesa, 398 F.3d 156 (2d Cir. 2005).published While courts proceed cautiously when considering whether “Congress has impliedly imposed such a restriction on the authority to award injunctive relief to vindicate constitutional rights,” Mitchum v. Hurt, 73 F.3d at 35 , we conclude that…
- Terry L. Whitman v. Dep't of Transp. Norman Y. Mineta, U.S. Sec'y of Transp., 382 F.3d 938 (9th Cir. 2004).publishedQuoting Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984), the district court dismissed Whitman’s action for lack of subject matter jurisdiction because his claims fall within the scope of the CSRA, under which “federal courts have no powe…
- Porter v. England, 35 F. App'x 660 (9th Cir. 2002).unpublished(holding that the Administrative Procedures Act does not confer jurisdiction over personnel actions covered by the Civil Service Reform Act)
Show 21 more citing cases
- Kavanagh v. City of Phoenix, 25 F. App'x 516 (9th Cir. 2001).unpublishedVeit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984).
- Russell v. United States Dep't of the Army, 191 F.3d 1016 (9th Cir. 1999).published In Veit v. Heckler, we similarly recognized that “[t]he CSRA provides a comprehensive scheme for administrative and judicial review of federal personnel actions and practices.” 746 F.2d 508, 510 (9th Cir.1984).
- 97 Cal. Daily Op. Serv. 3379, 97 Daily Journal D.A.R. 5849 Barbara Moore v. Dan Glickman, Sec'y of Agric., Dan Shaw, Thomas Von Garlem, Larry Fleming, Charles Matthews, Pablo R. Reyes, Diane Bowman Friend, Ken White, John Smythe, Floyd Cotton, Ralph Thompson, Freddie Lee, & John Wright Moore, 113 F.3d 988 (9th Cir. 1997).published(the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit federal court review as provided in the CSRA or not at all.)
- Del Kidd Judy Kidd v. United States of Am., 59 F.3d 175 (9th Cir. 1995).published Veit v. Heckler, 746 F.2d 508, 511 (9th Cir. 1984) specifically held that APA review of CSRA grievances was improper because "the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional inte…
- Ayrault v. Pena, 866 F. Supp. 372 (N.D. Ill. 1994).publishedSee United States v. Fausto, 484 U.S. 439, 448 , 108 S.Ct. 668, 674 , 98 L.Ed.2d 830 (1988); Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984).
- William Popelka Gary Mueller Don Anderson v. Jim O'Keefe United States Gen. Serv. Admin., 17 F.3d 395 (9th Cir. 1994).unpublishedKaramanos v. Egger, 882 F.2d 447, 451-53 (9th Cir.1989) (holding that claim of improper job classification seeking mandamus and other relief precluded by CSRA); Kotarski v. Cooper, 866 F.2d 311, 312 (9th Cir.1989) (holding that Bivens clai…
- Andersen v. United States, 8 F.3d 25 (9th Cir. 1993).unpublished Id. at 454 ; see also Broida, supra note 5 at 1993-94 (emphasizing the "significant repercussions" of Fausto for the availability of judicial review outside the CSRA). 16 Accepting the CSRA as "the bedrock of our analysis," Saul, 928 F.2d…
- Jeffrey A. Saul v. United States of Am. Ray Larsen Colleen St. Louis John Doe St. Louis, 928 F.2d 829 (9th Cir. 1991).published In Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984) (citations omitted), we said that the comprehensiveness of the CSRA’s remedies evinced “a clear congressional intent to permit federal court review as provided in the CSRA or not at all.…
- James N. Stephens v. Dep't of Health & Human Servs., Sec'y, James N. Stephens v. Terry S. Coleman, Isabel P. Dunst, 901 F.2d 1571 (11th Cir. 1990).publishedCSRA indicates a clear congressional intent to permit federal court review as provided in the CSRA, or not at all.” Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984).
- United States v. James Milton Lund, 853 F.2d 242 (4th Cir. 1988).publishedThe second line of cases cited by Lund hold that the CSRA implicitly precludes a federal employee from seeking judicial review of challenged personnel decisions under the general provisions of the Administrative Procedures Act (APA), becau…
- Jacqueline A. Tommas Griffith v. Fed. Labor Relations Auth., 842 F.2d 487 (D.C. Cir. 1988).publishedVeit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984).
- Marcia R. Harrison v. Otis R. Bowen, Sec'y, H.H.S, 815 F.2d 1505 (D.C. Cir. 1987).published E.g., Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984) (no implied right of action under the CSRA for agency actions that are neither adverse actions nor prohibited personnel practices).
- Gingold v. West Virginia Univ., Bd. of Governors, No. 1:23-cv-00091 (N.D. W. Va. Sept. 20, 2024).(holding that an employee had no property interest under a merit pay statute that did not “create[] any expectation or entitlement to either a merit pay increase or to notice that an employee will receive a relatively lo…)
- Nyunt v. Chairman, Broad. Bd. of Governors, 589 F.3d 445 (D.C. Cir. 2009).publishedSee Tiltti v. Weise, 155 F.3d 596, 600 (2d Cir.1998); Pinar v. Dole, 747 F.2d 899, 912-13 (4th Cir.1984); Broadway v. Block, 694 F.2d 979, 986 (5th Cir.1982); Ryon v. O’Neill, 894 F.2d 199, 202-04 (6th Cir.1990); Veit v. Heckler, 746 F.2d…
- Colodney v. Leavitt, 310 F. App'x 119 (9th Cir. 2009).unpublished (holding that APA review of CSRA grievances was improper because “the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit federal court review as prov…)
- Linda Ekstrom Stanley v. Alberto R. Gonzales, Attorney Gen., 476 F.3d 653 (9th Cir. 2007).publishedSee Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984). 3 .
- Kavanagh v. City of Phoenix, 87 F. Supp. 2d 958 (D. Ariz. 2000).published(federal employee had no property interest in future pay increases)
- Bautista v. Crowley, 108 F.3d 1384 (9th Cir. 1997).unpublishedSee Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984). 3 The decision concerning merit pay is relatively unrestricted by the University's Code and bylaws.
- Margaret Daly-Murphy v. Michael Winston, E. Carmack Holmes, Arthur S. Kling, Ronald L. Nelson & the Vets. Admin., 820 F.2d 1470 (9th Cir. 1987).published
- Levy v. Dep't of Hous. & Urban Dev., 702 F. Supp. 58 (S.D.N.Y. 1988).published
- Tabaddor v. Holder, 156 F. Supp. 3d 1076 (C.D. Cal. 2015).published
At page 510 Review of performance appraisal system under CSRA23 citing casesstating that the system established by the CSRA provides review of prohibited personnel practices by the OSC with judicial scrutiny "limited, at most, to insuring compliance with the statutory requirement that the OSC perform an adequate inquiry ...." (citation omitted)
- James L. Worthington v. Daniel Glickman , Sec'y, U.S. Dep't of Agric., 91 F.3d 158 (9th Cir. 1996).unpublished See United States v. Fausto, 484 U.S. 439, 449 (1988) (holding CSRA precludes judicial review of nonpreference eligible employee's challenge of adverse personnel action although the CSRA provided him with no remedy); see also Veit, 746 F.2…
- Miller v. McWilliams, No. 1:20-cv-00671, 2021 WL 3192164 (E.D. Va. July 28, 2021). These procedures represent the entirety of the legal redress available to Mr. Miller under 5 U.S.C. §§ 2301 and 2302; they exist “to the exclusion of all other statutory remedies for claims arising out of the federal employment relationshi…
- Terry L. Whitman v. Dep't of Transp. Norman Y. Mineta, U.S. Sec'y of Transp., 382 F.3d 938 (9th Cir. 2004).publishedQuoting Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984), the district court dismissed Whitman’s action for lack of subject matter jurisdiction because his claims fall within the scope of the CSRA, under which “federal courts have no powe…
- Russell v. United States Dep't of the Army, 191 F.3d 1016 (9th Cir. 1999).published “[t]he CSRA provides a comprehensive scheme for administrative and judicial review of federal personnel actions and practices”
- 74 Empl. Prac. Dec. P 45,495, 98 Cal. Daily Op. Serv. 6349, 98 Daily Journal D.A.R. 8795 John W. Blue v. Sheila Widnall, Officially as Sec'y of the Air Force, 152 F.3d 1149 (9th Cir. 1998).published Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984). "[F]ederal courts have no power to review federal personnel decisions and procedures unless such review is expressly authorized by Congress in the CSRA or elsewhere." Id. at 511 . 6 The…
- Blue v. Widnall, 152 F.3d 1149 (9th Cir. 1998).published Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984). "[F]ederal courts have no power to review federal personnel decisions and procedures unless such review is expressly authorized by Congress in the CSRA or elsewhere." Id. at 511 .
- Brenda L. BROCK, Plaintiff-Appellant, v. UNITED STATES of Am., Defendant-Appellee, 64 F.3d 1421 (9th Cir. 1995).publishedVeit v. Heckler, 746 F.2d 508, 510 (9th Cir.1984).
- Taydus v. Cisneros, 902 F. Supp. 288 (D. Mass. 1995).publishedSee, e.g., McAuliffe v. Rice, 966 F.2d 979, 980-981 (5th Cir.1992) (CSRA precludes APA claim despite greater remedies afforded under APA); Stephens v. Department of Health and Human Services, 901 F.2d 1571, 1575-1576 (11th Cir.), cert. den…
- Patrick C. Hyde v. Off. of Special Couns. Kathleen Day Koch, Special Couns., in Her Off. Capacity Only, 52 F.3d 337 (10th Cir. 1995).publishedSee DeLeonardis v. Weiseman, 986 F.2d 725, 727 (5th Cir.) (per curiam), cert. denied, 114 S.Ct. 69 (1993); Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984)(quoting Carducci v. Regan, 714 F.2d 171, 175 (D.C.Cir.1983)); cf. Ryon, 894 F.2…
- Del Kidd Judy Kidd v. United States of Am., 59 F.3d 175 (9th Cir. 1995).published Veit v. Heckler, 746 F.2d 508, 511 (9th Cir. 1984) specifically held that APA review of CSRA grievances was improper because "the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional inte…
Show 11 more citing cases
- Ayrault v. Pena, 866 F. Supp. 372 (N.D. Ill. 1994).publishedSee United States v. Fausto, 484 U.S. 439, 448 , 108 S.Ct. 668, 674 , 98 L.Ed.2d 830 (1988); Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984).
- Jeffrey A. Saul v. United States of Am. Ray Larsen Colleen St. Louis John Doe St. Louis, 928 F.2d 829 (9th Cir. 1991).published In Veit v. Heckler, 746 F.2d 508, 511 (9th Cir.1984) (citations omitted), we said that the comprehensiveness of the CSRA’s remedies evinced “a clear congressional intent to permit federal court review as provided in the CSRA or not at all.…
- Campbell v. United States Dep't of the Air Force, 755 F. Supp. 902 (E.D. Cal. 1991).publishedThis analysis was cited with approval by the Ninth Circuit in Veit v. Heckler, 746 F.2d 508, 510-11 (9th Cir.1984).
- Charles R. RYON, Sr., Plaintiff-Appellant, v. Colonel Peter J. O’NEILL, Et Al., Defendants-Appellees, 894 F.2d 199 (6th Cir. 1990).published(no implied right of action under the CSRA for agency actions not provided for in the Act; "the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit fe…)
- Marcia R. Harrison v. Otis R. Bowen, Sec'y, H.H.S, 815 F.2d 1505 (D.C. Cir. 1987).published (no implied right of action under the CSRA for agency actions that are neither adverse actions nor prohibited personnel practices)
- Conklin Wallace v. Robert Christensen, 802 F.2d 1539 (9th Cir. 1986).published (no review of federal personnel actions in view of extensive remedies already available)
- Tchacosh Co., Ltd. v. Rockwell Int'l Corp., & Rockwell Int'l Sys., Inc., 766 F.2d 1333 (9th Cir. 1985).publishedVeit v. Heckler, 746 F.2d 508, 510 (9th Cir.1984).
- Fed. Sec. L. Rep. P 92,072 Harry Lewis v. William H. McAdam Sears, Roebuck & Co., & Sears Dev. Corp., 762 F.2d 800 (9th Cir. 1985).publishedVeit v. Heckler, 746 F.2d 508, 510 (9th Cir.1984); Fine v. Barry and Enright Productions, 731 F.2d 1394, 1396 (9th Cir.), cert. denied, — U.S.-, 105 S.Ct. 248 , 83 L.Ed.2d 186 (1984).
- Allstate Ins. Co. v. John Ellison, Sr., John Ellison, Jr., & Vince J. Kaplan, 757 F.2d 1042 (9th Cir. 1985).publishedStandard of Review “In reviewing a summary judgment, this court views the evidence in the light most favorable to the nonmoving party, and determines whether the trial court correctly found that there was no genuine issue of material fact…
- John W. BLUE, Plaintiff-Appellant, v. Sheila WIDNALL, Officially as Sec'y of the Air Force, Defendant-Appellee, 162 F.3d 541 (9th Cir. 1998).published(stating that the system established by the CSRA provides review of prohibited personnel practices by the OSC with judicial scrutiny “limited, at most, to insuring compliance with the statutory requirement that the OSC p…)
- Oldfield v. Athletic Cong., 779 F.2d 505 (9th Cir. 1985).published
At page 509 CSRA preempting federal and state court actions5 citing casesthe comprehensive remedial nature of the [C.S.R.A.] indicates a congressional intent to preclude ... judicial review [of federal personnel decisions and procedures] except as provided for in the statute itself
- Drevaleva v. United States of Am., No. 4:19-cv-01454, 2019 WL 5788576 (N.D. Cal. Nov. 6, 2019). Veit v. Heckler, 746 F. 2d 508, 509 (9th Cir. 1984).
- Matsuo v. United States, 416 F. Supp. 2d 982 (D. Haw. 2006).publishedBased on these considerations, many courts hold the CSRA’s remedial provisions are “exclusive, and may not be supplemented by the recognition of additional rights to judicial review having their sources outside the CSRA.” Fornaro, 416 F.3d…
- Lehman v. Morrissey, 779 F.2d 526 (9th Cir. 1985).published (the comprehensive remedial nature of the [C.S.R.A.] indicates a congressional intent to preclude ... judicial review [of federal personnel decisions and procedures] except as provided for in the statute itself)
- Mills v. United States Postal Serv., 977 F. Supp. 116 (D.R.I. 1997).published
At page 512 no prejudice where claimant would not have prevailed even if his motion had never been answered2 citing cases
- Ledo Fin. Corp. v. Harry L. Summers Daniel W. Dierdorff Sun Sav. & Loan Ass'n David Eichten, & Does 1 Through 50, Inclusive, 122 F.3d 825 (9th Cir. 1997).published (no prejudice where claimant would not have prevailed even if his motion had never been answered)
- Edward G. Eldridge v. Sherman Block, 832 F.2d 1132 (9th Cir. 1987).published
Other citing cases
- Karamanos v. Egger, 882 F.2d 447 (9th Cir. 1989).published
v.
Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
The primary issue in this case is whether a federal civil service employee may challenge certain government employment actions or practices in the federal courts. We hold that the comprehensive remedial nature of the Civil Service Reform Act of 1978 (“CSRA”) indicates a congressional intent to preclude such judicial review except as provided for in the statute itself. We therefore affirm the trial court’s order granting defendant’s summary judgment motion.
I FACTS
Appellant John Veit is a career employee of the Social Security Administration (“SSA”), which is part of the Department[*510] of Health and Human Services. In October 1982, Veit’s job performance was evaluated pursuant to the Merit Pay System provisions of the CSRA, which mandate that employee compensation be periodically adjusted to recognize and reward quality performance. See 5 U.S.C. §§ 4301-4305, 5401-5405. The SSA’s evaluation system classifies supervisory employees such as Veit in one of five categories: unsatisfactory, minimally satisfactory, fully successful, exemplary and outstanding. Veit was classified as “fully successful,” a rating which did not entitle him to a salary increase or cash award.
In May 1983, Veit informed the Director of the Office of Personnel Systems Integrity (“OPSI”) that he had found statistics indicating that the application of the appraisal system in the SSA’s Seattle office was arbitrary and capricious, and requested that his October 1982 performance rating be raised to the “exemplary” category. The OPSI advised Veit that it could not review his performance rating until it had been the subject of a final grievance decision. Veit then filed a formal grievance, which was rejected as untimely. The OPSI upheld the rejection of Veit’s grievance, thereby terminating his administrative remedies.
Veit then sued Appellee Margaret Heckler, the Secretary of Health and Human Services (“the Secretary”), in federal district court, claiming that the SSA performance appraisal system did not use objective criteria, permitted pre-established distributions of expected levels of performance, and resulted in an unfairly low appraisal of appellant. Veit also alleged that the agency’s implementation of its performance appraisal system deprived him of a property interest in violation of the fifth amendment’s due process clause. Veit asked the court for a retroactive increase in his 1982 appraisal score and an injunction against further application of the SSA’s performance appraisal system.
Veit subsequently moved for summary judgment. Although the Secretary failed to file a timely response to that motion, the trial judge granted her an extension of time based on her attorney’s assertion that he did not realize an answer was necessary, both because the motion was filed prematurely and because it was allegedly defective on its face. The Secretary thereafter filed a motion to dismiss or, in the alternative, for summary judgment. The district court, in a well-reasoned order, granted the Secretary’s summary judgment motion on the ground that the SSA’s employment evaluation system was not subject to federal court review. The trial court also found that Veit did not have a property interest in a merit pay increase or award that could give rise to a fifth amendment claim. Veit appealed from the granting of the Secretary’s summary judgment motion.
II STANDARD OF REVIEW
In reviewing a summary judgment, this court views the evidence in the light most favorable to the nonmoving party, and determines whether the trial court correctly found that there was no genuine issue of material fact and that the moving party was entitled to judgment as a matter of law. Fine v. Barry & Enright Productions, 731 F.2d 1394, 1396 (9th Cir.1984); Retail Clerks Union Local 648 v. Hub Pharmacy, Inc., 707 F.2d 1030, 1033 (9th Cir.1983). We may affirm a summary judgment on any ground appearing in the record. Fine, 731 F.2d at 1396.
III JUDICIAL REVIEW OF FEDERAL PERSONNEL ACTIONS AND PRACTICES •
The CSRA provides a comprehensive scheme for administrative and judicial review of federal personnel actions and practices. The D.C. Circuit Court of Appeals recently described that system as follows:
[T]he scheme which we believe the statute establishes [provides]: (1) for major personnel actions specified in the statute (“adverse actions”), direct judicial review after extensive prior administrative proceedings; (2) for specified minor personnel actions infected by particularly heinous motivations or disregard of law[*511] (“prohibited personnel practices”), review by the Office of Special Counsel, with judicial scrutiny “limited, at most, to insuring compliance with the statutory requirement that the OSC perform an adequate inquiry,” ...; and (3) for the specified minor personnel actions not so infected, and for all other minor personnel actions, review by neither OSC nor the courts.
Carducci v. Regan, 714 F.2d 171, 175 (D.C. Cir.1983) (citation omitted).
Veit has not alleged that the SSA’s actions or procedures constitute one of the “prohibited personnel practices” or “adverse actions” specifically listed in the statute, and the record would not support such a contention in any event. See 5 U.S.C. §§ 2302, 7502, 7512. Therefore, federal court review is inappropriate unless the statute’s failure to provide either administrative or judicial remedies implies a congressional intent to permit a private right of action or review under the general provisions of the Administrative Procedure Act (“APA”). Although our court has not previously addressed this question, other circuits have held that the comprehensive nature of the procedures and remedies provided by the CSRA indicates a clear congressional intent to permit federal court review as provided in the CSRA or not at all. See, e.g., Carducci v. Regan, 714 F.2d 171 (D.C. Cir.1983); Braun v. United States, 707 F.2d 922 (6th Cir.1983); Broadway v. Block, 694 F.2d 979 (5th Cir.1982). See also Bush v. Lucas, 462 U.S. 367, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983) (citing the comprehensive nature of civil service remedies as the reason for declining to create a “new judicial remedy” for federal employees who are fired for exercising their first amendment rights).
We agree that the federal courts have no power to review federal personnel decisions and procedures unless such review is expressly authorized by Congress in the CSRA or elsewhere. As the Carducci court stated, “failure to include some types of nonmajor personnel action within the remedial scheme of so comprehensive a piece of legislation reflects a congressional intent that no judicial relief be available— that the matter be deemed ‘committed to agency discretion by law.’ ” Carducci, 714 F.2d at 174 (footnote omitted). The trial court was therefore correct in holding that neither the CSRA, the APA nor any other authority gave it the power to review Veit’s performance rating or the rating system in general.
IV DUE PROCESS CLAIM
The district court also refused to hear Veit’s constitutional due process claim on the ground that he had no property interest in a merit pay increase. We agree. Although prior to the enactment of the CSRA the federal government maintained a system of largely automatic periodic pay increases, the only possible current basis for Veit’s claim of entitlement to the requested salary increase is the merit pay statute itself. See 5 U.S.C. §§ 5401 et seq. Nothing in the statute or applicable regulations creates any expectation or entitlement to either a merit pay increase or to notice that an employee will receive a relatively low performance rating. Furthermore, Veit had an opportunity to challenge his rating through the SSA’s grievance procedure and failed to do so within the reasonable time allowed. Where established procedures provide for hearings and appeals in employment matters, an employee who does not avail himself of those procedures in a timely manner fails to exhaust his administrative remedies and is therefore precluded from seeking judicial review. See Belnap v. Chang, 707 F.2d 1100, 1102 (9th Cir.), cert. denied, — U.S. -, 104 S.Ct. 528, 78 L.Ed.2d 711 (1983) (involving an employee discharge). The trial judge correctly held that there was no fifth amendment violation since Veit had no property interest in a merit pay increase.
V MOTION TO EXTEND TIME
Veit also appeals the trial court’s granting of the Secretary’s motion to extend time to respond to his summary judgment motion on the ground that Local Civ.R. 6(b) only allows for such extensions[*512] where “the failure to act was the result of excusable neglect.” Although the trial court did not use the words “excusable neglect” in its order reaffirming the granting of an extension of time, it did explicitly base its decision on “defendant’s argument that her answer was not due and plaintiff’s summary judgment motion was premature since filed just eight days after personal service on the U.S. Attorney, and that plaintiff has in no way been prejudiced but has been able to fully respond.” Since the trial court’s order and the Secretary’s motion provide ample support for a finding of “excusable neglect,” we will not overturn the trial court’s decision. Furthermore, it is clear from the face of Veit’s unsigned summary judgment motion and supporting documents, which contained neither affidavits nor citations to any authorities, that the district court was correct in holding that they fail to demonstrate that there was no genuine issue of material fact and that Veit was entitled to judgment as a matter of law. Since Veit could not have obtained summary judgment even if the Secretary had never answered his motion, he could not have been prejudiced by the extension of time. See generally Fed.R. Civ.P. 56 (requirements for granting summary judgment). The trial court acted properly in granting the Secretary’s request for an extension of time.
VI CONCLUSION
The Secretary met her burden of demonstrating that there was no genuine issue of material fact and that she was entitled to judgment as a matter of law. The trial court’s order granting defendant’s summary judgment motion is affirmed in all respects.