Graves

MEMORANDUM **

Plaintiff-appellant Olando E. Graves filed an action against the above-listed defendants alleging that his former employer, Johnson Controls World Services, Inc. (“Johnson Controls”), racially discriminated against him. Graves appeals from the district court’s grant of summary judgment in favor of the defendants and the subsequent denial of Graves’ motion to alter or amend the judgment pursuant to Federal Rules of Civil Procedure 59(e).

Graves also appeals the dismissal of his separate action against his former union and his former employer, alleging that they breached the collective bargaining agreement and that the union breached its duty of fair representation. The district court dismissed the action as barred by the applicable statute of limitations and, with respect to his claims against his former employer, the doctrine of res judicata.

We affirm the district court’s decisions in both cases.

Case number 06-16054

I. Summary Judgment

We review de novo a district court’s grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

With respect to Graves’ claim of racial discrimination under the California Fair Employment and Housing Act…