Aifang Shi v. Ruth Carlson

MEMORANDUM

Aifang Shi appeals pro se from the district court’s summary judgment in her ae tion alleging national origin discrimination and retaliation in violation of Title VI of the Civil Rights Act after being dismissed from a nursing program. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003). We affirm.

The district court properly granted summary judgment on Shi’s discrimination and retaliation claims because she failed to create a triable issue as to whether the defendant’s legitimate reasons for dismissing her were pretextual. See Leong v. Potter, 347 F.3d 1117, 1124-25 (9th Cir.2003) (affirming summary judgment on Title VII claims where plaintiff did not raise a genuine issue of material fact as to whether employer’s legitimate, nondiscriminatory reason for the challenged employment action was a pretext for discrimination); Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054 , 1065 n. 10 (9th Cir.2002) (retaliation case fails where plaintiff does not demonstrate pretext); see also Smith v. Barton, 914 F.2d 1330, 1336 (9th Cir.1990) (courts look to Title VII to determine appropriate…