Whitsitt

MEMORANDUM **

William J. Whitsitt appeals pro se from the district court’s summary judgment for his former employer, Club Resource Group, in his action alleging, inter alia, age discrimination in violation of the Age Discrimination in Employment Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, and for abuse of discretion the district court’s denial of a motion to withdraw or amend an admission under Rule 36 of the Federal Rules of Civil Procedure. Conlon v. United States, 474 F.3d 616, 621 (9th Cir.2007). We may affirm on any basis supported by the record. Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). We affirm.

The district court did not abuse its discretion by construing Whitsitt’s opposition to the motion for summary judgment as a motion to withdraw admissions under Rule 36, and denying the motion, because withdrawal would have been prejudicial to Club Resources Group. See Conlon, 474 F.3d at 622-24 (affirming denial of a motion to withdraw admissions because of prejudice to the party that relied on the admissions).

*879 In light of Whitsitt’s admissions, the district court properly granted…