Ralph Merten v. Southern California Rapid Transit District

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph MERTEN, Plaintiff-Appellant, v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, Defendant-Appellee. No. 93-55946. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. Decided April 11, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Merten appeals pro se the district court's summary judgment in favor of the Southern California Rapid Transit District (RTD) in his employment discrimination action alleging age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et seq. (ADEA), and the Fair Labor Standards Act, 29 U.S.C. Sec. 210 et seq. (FLSA). Merten contends the district court erred by finding that he had failed to introduce sufficient evidence to establish a prima facie case of age discrimination and rejecting his FLSA claim because he was never an employee of RTD. We have jurisdiction under 28 U.S.C. Sec. 1291 and…