Cendejas

MEMORANDUM ***

Manuel R. Cendejas, Jr. appeals pro se the district court’s summary judgment for the Navy in his Title VII employment discrimination action. We have jurisdiction under 28 U.S.C. § 1291 . We review summary judgment de novo, Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 269 (9th Cir.1996), and we affirm.

The district court properly granted summary judgment on Cendejas’s disparate treatment and retaliation claims because, among other things, the disciplinary action

against him was rescinded through the union grievance procedure, see Brooks v. City of San Mateo, 229 F.3d 917, 929-30 (9th Cir.2000) (non-final employment actions do not constitute “adverse employment actions”), and because Cendejas failed to rebut the evidence that the negative performance evaluations were based upon his poor work performance, see Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054 ,1065 & n. 10 (9th Cir.2002) (summary judgment on retaliation claim proper where plaintiff failed to adduce any evidence of retaliatory motive); Bradley, 104 F.3d at 270 (summary judgment on disparate treatment claim proper where plaintiff “produced no meaningful evidence indicating either that…