Bak

MEMORANDUM **

Ueon C. Bak appeals pro se from the district court’s summary judgment for the Postmaster General in Bak’s Title VII action alleging the Postal Service discriminated on the basis of national origin and race, and retaliated against him, when it denied his application for employment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Scheuring v. Traylor Bros., Inc., 476 F.3d 781, 784 (9th Cir.2007), and affirm.

The district court properly granted summary judgment to the Postal Service on Bak’s claim of disparate treatment because Bak failed to present evidence that someone similarly situated to Bak was treated more favorably. See Berry v. Dep’t of Soc. Servs., 447 F.3d 642, 656 (9th Cir.2006) (describing elements of prima facie case of disparate treatment).

The district court properly concluded that even if Bak had made a prima facie case, he failed to raise a triable issue as to whether the Postal Service used its policy — of refusing employment to persons who resign from federal employment after being notified of impending discharge — as a pretext for discrimination. See Dominguez-Curry v. Nevada Transp. Dep’t, 424 F.3d 1027, 1037 (9th…