Taitano

MEMORANDUM ***

Margarita Q. Taitano appeals pro se from the district court’s summary judgment for the Secretary of the United States Navy in her employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Lyons v. England, 307 F.3d 1092, 1103 (9th Cir.2002), and affirm.

The district court properly granted summary judgment on Taitano’s Title VII retaliation claims because she failed to establish a prima facie case. See id. at 1118 (affirming summary judgment for the Navy on retaliation claim where plaintiff failed to make out a prima facie case that (1) she engaged in a protected activity, (2) she suffered an adverse employment decision, and (3) there was a causal link between plaintiffs activity and the employment decision).

Taitano’s above-average evaluation did “not rise to the level of an adverse employment action by the employer.” Id. (explaining that a “performance evaluation that [is] mediocre (rather than ‘sub-average’) and that [does] not give rise to any further negative employment action [does] not violate Title VII”).

Taitano’s temporary re-assignment to another section within her department also did not constitute an…