Claude Richardson v. John Potter

MEMORANDUM

Claude Richardson appeals the grant of summary judgment to the Postmaster General on Richardson’s claims of disability discrimination and retaliation. Richardson has failed to state a prima facie case of disability discrimination pursuant to the Rehabilitation Act. Walton v. U.S. Marshals Serv., 492 F.3d 998, 1005 (9th Cir.2007) (amended). Specifically, Richardson has not put forth a triable issue of material fact that he is disabled within the meaning of the Rehabilitation Act. Thompson v. Holy Family Hosp., 121 F.3d 537, 539-40 (9th Cir.1997) (per curiam); see also Zukle v. Regents of Univ. of Cal., 166 F.3d 1041 , 1045 n. 11 (9th Cir.1999) (noting that the standards that apply to the Americans with Disabilities Act apply to the Rehabilitation Act and vice versa).

Richardson also has not pointed to triable issues of material fact to support a prima facie showing of retaliation. Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir.2000). Specifically, Richardson has not put forth a triable issue of material fact that he engaged in a protected activity during the relevant time period. See Passantino v. Johnson & Johnson Consumer Prods., 212 F.3d 493 , 506 (9th Cir.2000).…