Despanie

MEMORANDUM **

This is the second appeal arising out of claims filed by Cornelius Despanie against his employer, the United States Postal Service and its chief executive (“USPS”). On the first appeal, Despanie contended that, in violation of Title VII, USPS (1) discriminated against him by issuing him a letter of warning for mishandling an overnight mail dispatch, and (2) retaliated against him after he filed complaints by issuing the letter of warning, denying him sick leave pay, and changing his work schedule. The district court granted summary judgment in favor of USPS and we affirmed in a memorandum disposition. See Despanie v. Henderson, No. 00-16647, 32 Fed.Appx. 390 , 2002 WL 464019 (9th Cir. Mar.20, 2002).

On this second appeal, Despanie contends that USPS discriminated and retaliated against him in violation of Title VII and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 , by denying him a full Economic Value Added (“EVA”) payment and a merit bonus for the 1998 fiscal year. Despanie also re-asserts the claims of discrimination and retaliation that we decided on his first appeal and further alleges that the identical acts at issue there violated the ADA.…