Richard C. Banks v. Roadway Express, Inc.

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard C. BANKS, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee. No. 93-55347. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Richard Banks appeals pro se the district court's summary judgment in favor of his former employer, Roadway Express, Inc. (Roadway), in this action stemming from Roadway's refusal to allow Banks to return to work after he suffered a work-related back injury. Banks, who worked for Roadway as a truck driver, alleged that Roadway's refusal to return him to work constituted (1) a breach of his employment contract; (2) retaliation for filing a state workers' compensation claim; and (3) discrimination based on Bank's race (African-American). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm. 3 * Breach of Contract 4 The district court ruled…