Swanstrom

MEMORANDUM **

Alan G. Swanstrom appeals pro se from the district court’s order granting summary judgment in favor of his former employer, The Boeing Company (“Boeing”), in his Title VII action alleging discrimination on the basis of race. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Vasquez v. County of Los *796 Angeles, 349 F.3d 634, 639 (9th Cir.2003), and we affirm.

Prior to bringing a Title VII action in federal court, a plaintiff must exhaust his administrative remedies by timely filing a charge of discrimination with the Equal Employment Opportunity Commission, or the appropriate state agency. See 42 U.S.C. § 2000e-5(e)(l); Vasquez, 349 F.3d at 644 . Swanstrom’s discrimination claim fails because he never filed a charge of discrimination against Boeing with the EEOC or any other administrative agency. See Vasquez, 349 F.3d at 644 .

The district court properly denied Swanstrom’s motion to stay the proceedings based on equitable tolling because “equitable remedies are unavailable in federal court when the record shows that no administrative filing was ever made.” Sommatino v. United States, 255 F.3d 704, 710 (9th Cir.2001) (rejecting an equitable…