Jack Angello, Plaintiff-appellant, v. Commonwealth of the Northern Mariana Island, a Commonwealthof the United States of America; Board of Education, Anagency of the Commonwealth of the Northern Mariana Islands;public School System, an Education System of the Northernmariana Islands; Commissioner of Education of the Publicschool System, William S. Torres, in His Official Capacity,defendants-appellees, 106 F.3d 406 (9th Cir. 1997)

MEMORANDUM^** 

Jack Angello appeals pro se the district court's summary judgment for defendants¹  in his action alleging a violation of Title VII of the 1964 Civil Rights Act. Angello contends that the defendants refused to renew his employment contract as principal of a Northern Marianna Island high school because he is a white, male citizen of mainland United States. We have jurisdiction pursuant to 28 U.S.C. 1291. We review de novo, Kruso v. International Tel. & Tel., 872 F.2d 1416, 1421 (9th Cir. 1989), and we affirm.

To survive a summary judgment motion, a plaintiff asserting a claim under Title VII must first establish a prima facie case of discrimination. See Pejic v. Hughes Helicopters, Inc., 840 F.2d 667, 672 (9th Cir. 1988). Once the employee establishes the prima facie case, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the action taken against the employee. Id. If the employer carries its burden, the employee must demonstrate that the employer's proffered reason was pretextual. Id.

Assuming without deciding that the failure to renew Angello's excepted service contract amounted to a termination, Angello could establish a prima facie case by showing that: (1) he is a member of a protected class; (2) he was qualified for his position; (3) his employment was terminated; and (4) his employer replaced him with a person who was not a member of plaintiff's protected class. See St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506 (1993).

Here, Angello was replaced by another white, male citizen of the mainland United States, and therefore, fails to meet the fourth element of a prima facie case of discrimination. See id. Moreover, Angello failed to provide any direct or circumstantial evidence of disparate treatment on account of race or national origin. See Warren v. City of Carlsbad, 58 F.3d 439, 442 n. 1 (9th Cir. 1995). Because Angello failed carry his burden of establishing a prima facie case of discrimination, we conclude that the district court properly granted summary judgment for the defendants. See Pejic, 840 F.2d at 673.

AFFIRMED.