Hembree

MEMORANDUM ***

James E. Hembree appeals pro se the district court’s summary judgment for the defendant in his employment discrimination action alleging, among other things, that in August 1992 he was constructively discharged from his position as a Heavy Mobile Equipment Repairer in the Arizona National Guard. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lyons v. England, 307 F.3d 1092, 1103 (9th Cir.2002), and we may affirm on any ground supported by the record, Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998).

The district court erroneously concluded that Hembree’s September 1, 1992 formal Equal Employment Opportunity (“EEO”) complaint did not allege a constructive discharge claim. See Lyons, 307 F.3d at 1103-05 (reversing district court’s narrow interpretation of EEO complaints). Nonetheless, summary judgment was proper because Hembree did not commence the current action within 90 days of the final administrative disposition of the EEO complaint in 1993. See 42 U.S.C. § 2000e-5(f)(1); 29C.F.R. § 1614.407(c); Scholar v. Pac. Bell, 963 F.2d 264, 266-68 (9th Cir. 1992).

The district court properly concluded that Hembree’s February 22, 1996…