Menchaca

MEMORANDUM *

In this employment discrimination action, Plaintiff Anthony Menchaca appeals from an order of the district court granting summary judgment to the Defendants on all of the remaining claims of his amended complaint. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment and may affirm on any ground supported by the record. Olson v. Morris, 188 F.3d 1083, 1085 (9th Cir.1999). We affirm.

1. Race and national origin discrimination under Title VII and § 1988.

The district court held that Menchaca had produced insufficient admissible evidence of discriminatory intent to survive summary judgment on his claims of race- and national origin-based discrimination under Title VII, 42 U.S.C. § 2000e-2(a), and under 42 U.S.C. § 1983 . We need not address the sufficiency of the evidence of discriminatory intent, as Men-chaca has failed to present evidence supporting his prima facie case. Menchaca claims that he was discriminated against when his supervisors gave him an unfavorable performance evaluation. 2 An unsatisfactory performance evaluation, however, is not itself a “change in terms, conditions, or privileges of employment” and,…