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That's not what I did. After filing the original lawsuit, the gov't claimed I didn't exhaust admin remedies. At that point I appealed to the commission to reopen the original EEOC complaints. After the EEOC denied the appeal, that is when I filed the case in District Court. The first bite of the apple was sham. Numerous supposedly "uncontested facts" were simply flat out lies by the gov't. Also, I don't think I got a fair shake as the FPO was sent to screw up my appeal when they tried to accuse me of threatening a Federal Judge, just in time to put me away so I couldn't file the appeal. Which I did not! Also, the gov't has been going behind my back screwing with attorneys that I know. One had everything in his office subpoenaed by the county one week after I filed the suit. The other one broke a contract after the clerk of the 10th Circuit phoned him while I was in his office, even though I filed the case now in the 10th Circuit, pro se!