Beverly

MEMORANDUM *

Tyrone Gregory Beverly appeals the grant of summary judgment in favor of defendant Costco Wholesale Corp. (Costco). Beverly alleges that he was discriminated against on the basis of race and age when Costco failed to promote him and then terminated him the following year, in violation of 42 U.S.C. § 2000e et seq. (Title VII), and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 (c)(1). Beverly also alleges that he was subjected to racial harassment in the workplace, for which he filed a grievance with the Nevada Equal Employment Opportunity Commission (EEOC) in February 2001. Beverly was terminated in March 2002, and he further claims that he was fired in retaliation for his EEOC complaint. Finally, Beverly alleges that Costco breached its employment contract with him in violation of Nevada state law and 42 U.S.C. § 1981 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment, drawing all reasonable inferences in favor of the non-moving party to determine whether any genuine issues of material fact remain. Hernandez v. Spacelabs Med. Inc., 343 F.3d 1107, 1112 (9th…