34 Fair empl.prac.cas. 1493, 34 Empl. Prac. Dec. P 34,394 Joe D. Casillas v. United States Navy Edward Hidalgo, Secretary of the Navy, Captain John J. Kirkpatric, Commanding Officer Naval Air Rework Facility, San Diego, Calif.

735 F.2d 338 34 Fair Empl.Prac.Cas. 1493 , 34 Empl. Prac. Dec. P 34,394 Joe D. CASILLAS, Plaintiff-Appellant, v. UNITED STATES NAVY; Edward Hidalgo, Secretary of the Navy, Captain John J. Kirkpatric, Commanding Officer Naval Air Rework Facility, San Diego, Calif., Defendants-Appellees. No. 83-5808. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1984. Decided May 18, 1984. Sergio Luis Lopez, San Diego, Cal., for plaintiff-appellant. Michael E. Quinton, Asst. U.S. Atty., San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before WALLACE and ALARCON, Circuit Judges, and MARQUEZ, * District Judge. WALLACE, Circuit Judge: 1 Casillas sued the United States Navy, and others, for refusing to promote him because of his national origin (Hispanic or Mexican). In a pretrial stipulation, Casillas dismissed all defendants from the complaint except for the Secretary of the Navy (Secretary). The parties agreed to try the case before a magistrate. The magistrate found the Secretary not liable under Title VII, as amended, 42 U.S.C. Sec. 2000e et seq. We have jurisdiction over Casillas's timely…