United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
April 1, 2005
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-51168
Summary Calendar
MELISSA C. TAYLOR,
Plaintiff-Appellant,
versus
JOHN E. POTTER, Postmaster General,
United States Postal Service,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 7:03-CV-142)
_______________________________________________________
Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The district court correctly dismissed Taylor’s appeal of the Department of
Labor’s disability determination because such a determination is not subject to judicial
review. 5 U.S.C. § 8128(b)(2); see Concordia v. U.S.P.S., 581 F.2d 439, 443 (5th Cir.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
1978). Taylor has failed to show that the Department of Labor violated a clear statutory
mandate and she raises no constitutional claim not suitable for determination in an
administrative setting. See Woodruff v. United States, 954 F.2d 634, 639 (11th Cir.
1992). Taylor is also prohibited from alleging disability discrimination in violation of the
Rehabilitation Act in order to secure judicial review of the Department of Labour’s
determination. See Meester v. Runyon, 149 F.3d 855, 857 (8th Cir. 1998). AFFIRMED.
2