Kipkirwa

MEMORANDUM

Lazarus Kipkirwa, pro se, appeals the district court’s entry of judgment following a jury verdict for defendants Santa Clara County Department of Probation, Ray Nielsen, and Darrell Campolong. Plaintiff sued defendants for employment discrimination based on race and national origin and for retaliation based on his picketing activities. A jury found for Defendants on all claims, and Plaintiff timely appealed.

Plaintiff makes several arguments on appeal. First, Plaintiff maintains, in effect, that this court’s recitation in a previous decision 3 of the alleged facts in this case constituted binding factual findings in his favor. As a result, the district court erred in allowing Defendants “to produce new evidence, new documents, and new testimony which was outside mandate.” Second, he argues that the district court erred in instructing the jury to ignore Plaintiffs Exhibit 1, his “updated” resume, which Defendants demonstrated they had not seen or received until trial. Third, Plaintiff contends that the district court erred in refusing to enter a default judgment against Defendants. Finally, Plaintiff argues that the district court abused its discretion when it denied…