F. Maitland Cuthbertson v. Department of Army

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. F. Maitland CUTHBERTSON, Plaintiff-Appellant, v. DEPARTMENT OF ARMY, et al., Defendants-Appellees. No. 92-16283. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 6, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 F. Maitland Cuthbertson appeals the district court's judgment, following a bench trial before a magistrate judge, in favor of the Secretary of the Army ("Secretary"). Cuthbertson had filed an employment discrimination action under the Rehabilitation Act of 1973, 29 U.S.C. Sec. 791 , and Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e. Cuthbertson appeals only his claim of retaliatory discrimination. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Cuthbertson alleged that he was precluded from applying for a position with the Army because he is handicapped, and that he was subsequently passed over for…