James E. Brown v. John O. Marsh, Jr., Secretary of the Army

MIKVA, Circuit Judge:

James E. Brown, a black civilian employee of the United States Department of the Army, appeals pro se from the district court’s dismissal of this Title VII suit alleging race discrimination in employment. Defendant-Appellee John O. Marsh, Jr., appears in his official capacity as Secretary of the Department of the Army. For convenience, we will refer to the appellee simply as “the Army.” Because we find that the plaintiff did not fail to exhaust his administrative remedies and because the Army is anyway precluded from asserting that the plaintiff has failed to exhaust…