Chima

MEMORANDUM

Frank O. Chima (“Chima”), an African-American male, brought a law suit against William J. Perry, (“Perry”), Secretary of the United States Department of Defense (“DOD”), in 1994, which asserted eight claims. The district court granted Perry’s motion to dismiss with prejudice as to all the claims against all the defendants except Chima’s employment discrimination claim against Perry under Title VII of the CM Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court also granted Perry’s motion to dismiss Chima’s Title VII claim without prejudice on the ground that Chima failed to exhaust his administrative remedies. In an unpublished disposition, the Ninth Circuit affirmed the district court’s decision to dismiss all non-Title VII claims and all claims against defendants other than Perry. The Ninth Circuit reversed as to the district court’s decision that Chima failed to exhaust his administrative remedies before initiating his Title VTI claim. This appeal concerns the district court’s judgment in favor of Perry following a bench trial on Chima’s Title VII claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Chima first argues that the…