Johnny Clark v. Marvin T. Runyon, Postmaster General U.S. Postal Service

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnny CLARK, Plaintiff-Appellant, v. Marvin T. RUNYON, Postmaster General; U.S. Postal Service, Defendants-Appellees. No. 93-55931. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided April 14, 1995. Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges. MEMORANDUM 1 Clark appeals from the district court's summary judgment in favor of the Postmaster General (Postal Service). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . 2 We review the district court's summary judgment de novo to determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact for trial. Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994) (Wallis ). Clark may not rely on his pleadings to defeat summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). Rather, he must produce some…