Lester Cornette v. John Potter

MEMORANDUM

Lester K. Cornette appeals pro se from the district court’s summary judgment in his employment action against the United States Postal Service (“USPS”) alleging claims under the Rehabilitation Act and Title VII. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on Cornette’s discrimination claim under the Rehabilitation Act because Cornette failed to raise a genuine dispute of material fact as to whether he is a person with a disability, and whether the USPS did not select him for its Associate Supervisor Training Program because of his alleged disability. See Walton v. U.S. Marshals Serv., 492 F.3d 998, 1005 (9th Cir.2007) (elements of disability discrimination claim); Coons v. Sec’y of U.S. Dep’t of Treasury, 383 F.3d 879, 884-86 (9th Cir.2004) (standard for determining whether a plaintiff is a person with a disability); see also 42 U.S.C. § 12111 (5)(B) (Americans with Disabilities Act does not apply to federal government).

The district court properly granted summary judgment on Cornette’s retaliation claims because…