Hogan

MEMORANDUM **

Percy J. Hogan, a former employee of the United States Postal Service, appeals pro se the district court’s judgment, pursuant to dismissal orders and partial summary judgment, in favor of defendants in his racial discrimination action, pursuant to 42 U.S.C. § 2000e-16, 42 U.S.C. § 1983 , and his private right of action for emotion *460 al distress and punitive damages. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998), and we affirm.

Because Hogan failed to provide evidence establishing that similarly situated employees were not treated equally, see Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 258 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981), and because Hogan failed to provide evidence of racial hostility that was sufficiently severe and pervasive to alter his working conditions, see Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993), we affirm the district court’s grant of defendants’ first motion for partial summary judgment.

Because Hogan’s evidence that he was qualified for the letter carrier position is…