Kuang-Bao Ou-Young v. John Potter

MEMORANDUM

Kuang-Bao P. Ou-Young appeals pro se from the district court’s judgment in his Title VII action alleging claims for employment discrimination, retaliation, and hostile work environment based on his race. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment, Vazquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003); and for an abuse of discretion the dismissal of an action for failure to prosecute, Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir.1996). We affirm.

The district court properly granted summary judgment on Ou-Young’s employment discrimination and retaliation claims because Ou-Young failed to raise a genuine dispute of material fact as to whether he was treated less favorably than a similarly situated employee or whether defendant’s proffered reason for taking adverse employment action against him was pre-textual. See Vazquez, 349 F.3d at 640-42, 644-47 (setting forth elements of prima facie employment discrimination and retaliation claims under Title VII).

The district court did not abuse its discretion in alternatively dismissing the action for failure to prosecute because Ou-Young repeatedly refused to respond to…