Genbao Gao v. State of Hawaii, Department Of

MEMORANDUM

Genbao Gao appeals pro se from the district court’s judgment dismissing his action alleging employment discrimination and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004). We affirm.

The district court properly dismissed Gao’s claims raised in his first Equal Employment and Opportunity Commission (“EEOC”) proceeding because he filed this action more than ninety days after receipt of the right to sue letter. See 42 U.S.C. § 2000e-16(e); 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 dismissed the discrimination claim because Gao failed to allege facts sufficient to state a claim for relief. See also Abagninin v. AMVAC Chem. Corp., 545 F.3d 733, 742 (9th Cir. 2008) (conclusory allegations of law are insufficient to defeat a motion to dismiss for failure to state a claim); see also Vasquez v. Cnty. of Los Angeles, 349 F.3d 634, 646 (9th Cir.2003) (discussing the three prongs…