Maurice Grayton v. United States

MEMORANDUM

Maurice Grayton appeals pro se from the district court’s summary judgment in his Title VII action alleging claims of discriminatory hiring practices against the Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Washington v. Garrett, 10 F.3d 1421, 1428 (9th Cir.1993), and may affirm on any grounds supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

Summary judgment was proper because Grayton failed to raise a genuine dispute of material fact as to whether he timely filed either his action seeking judicial review of a decision of the Merit Systems Protection Board (the “Board”) or a charge of discrimination with the Equal Employment Opportunity Commission (the “EEOC”), and whether the doctrine of equitable tolling should apply. See 5 U.S.C. § 7703 (b)(2) (action seeking judicial review of Board’s decision must be filed within 30 days); id. § 7702(b)(1) (employee who petitions EEOC must do so within 30 days of Board’s decision to toll time to file civil action); Washington, 10 F.3d at 1437 (concluding that plaintiffs…