UPS

MEMORANDUM

Regina Lynn Villone appeals pro se from the district court’s summary judgment in her employment action against United Parcel Service, Inc. (“UPS”) alleging discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Kaplan v. City of N. Las Vegas, 323 F.3d 1226, 1229 (9th Cir.2003), and we affirm.

The district court properly determined that Villone’s disability discrimination claim arising out of UPS’s alleged acts in 2006 is time-barred because Villone filed her lawsuit more than ninety days after the Equal Employment Opportunity Commission’s (“EEOC”) June 26, 2007 right to sue letter. See 42 U.S.C. § 12117 (ADA incorporates Title VII procedures); Edwards v. Occidental Chem. Corp., 892 F.2d 1442, 1445 (9th Cir.1990) (“An action brought under Title VII must be filed within ninety days of receipt of a right to sue letter from the EEOC or appropriate state agency.”).

The district court properly granted summary judgment on Villone’s remaining disability discrimination claim because Villone failed to raise a genuine dispute of material fact as to whether she was “disabled”…