Mpoyo

MEMORANDUM **

Kelela Mpoyo appeals pro se the district court’s order granting summary judgment in favor of his former employer, Litton Electro-Optical Systems (“Litton”), in his Title VII action. We review a district court’s order granting summary judgment de novo. EEOC v. Farmer Bros. Co., 31 F.3d 891, 906 (9th Cir.1994). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Mpoyo’s claims ' of sexual harassment, defamation, harassment, “framing” and “planting” were dismissed without prejudice by the district court because they were not alleged before the EEOC. See Farmer Bros., 31 F.3d at 899 . The district court properly concluded that it lacked subject matter jurisdiction because of Mpoyo’s failure to exhaust his administrative remedies. See Green v. Los Angeles County Superintendent of Sch., 883 F.2d 1472, 1475-76 (9th Cir.1989).

The district court also determined that Mpoyo’s racial discrimination and retaliation claims lacked merit. Although Mpoyo may have made out a prima facie case of race discrimination, he failed to rebut Litton’s evidence that he did not meet Litton’s reasonable performance expectations. Further he did not show that he was treated…