Terry Smith v. Eric Shinseki

MEMORANDUM

Terry T. Smith appeals pro se from the district court’s summary judgment dismissing his employment action alleging race-based discrimination and harassment and retaliation in violation of Title VII. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir.2012) (dismissal for failure to state a claim); Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2004) (summary judgment). We may affirm on any basis supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009), and we affirm.

Summary judgment on Smith’s discrimination claim was proper because Smith failed to raise a genuine dispute of material fact as to whether defendant transferred Smith to a different building and then terminated his employment on account of his race. See Vasquez, 349 F.3d at 640 -42 & n. 5 (listing elements of a prima facie case of discrimination, discussing “similar ly situated” individuals requirement, and explaining that circumstantial evidence of pretext must be specific and substantial); see also Pelletier v. Fed. Home Loan Bank of S.F., 968 F.2d 865, 872 (9th Cir.1992) (to survive summary…