El-Mosalamy

El-Mosalamy v. Kern Medical Center

Good Law
4 F. App'x 458
United States Court of Appeals for the Ninth CircuitFebruary 22, 2001No. 00-15061; D.C. No. CV-99-05433-AWICalifornia403 words

Opinion

Lead Opinion

MEMORANDUM

Hesham El-Mosalamy appeals pro se the district court’s summary judgment in favor of Kern Medical Center (“Kern”) in El-Mosalamy’s action alleging discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-2000e-17, and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634 . El-Mosalamy alleged that Kern denied his application for its medical residency training program on account of his race, national origin, religion, and age. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, see Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), and we affirm.

El-Mosalamy failed to demonstrate the existence of a genuine issue of material fact as to whether he was qualified for Kern’s residency program and whether Kern sought similarly qualified applicants. Due to El-Mosalamy’s lower-than-required test scores and Kern’s uncontroverted evidence that it did not seek similarly qualified candidates, on this record, the district court did not err by granting summary judgment. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 , 93 S.Ct.…

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