Kevin Bishop v. John Potter

MEMORANDUM

Kevin Bishop appeals pro se from the district court’s judgment in his employment action alleging, among other things, discrimination, harassment, and retaliation in violation of Title VII and the Age Discrimination in Employment Act (“ADEA”). We review de novo. Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2004) (summary judgment); Arrington v. Wong, 237 F.3d 1066, 1069 (9th Cir.2001) (dismissals under Fed.R.Civ.P. 12(b)(1) and (6)). We may affirm on any ground supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment on Bishop’s age discrimination claim because Bishop failed to raise a genuine dispute of material fact as to whether he was replaced by a substantially younger employee or discharged under circumstances otherwise giving rise to an inference of age discrimination. See Diaz v. Eagle Produce Ltd. P’ship, 521 F.3d 1201, 1207-08 (9th Cir.2008) (elements of a prima facie case of age discrimination); see also Stiefel v. Bechtel Corp., 624 F.3d 1240, 1245-46 (9th Cir.2010) (coworkers’ statements concerning employment decisions were…