Ogawa

Ogawa v. Henderson

Good Law
10 F. App'x 587
United States Court of Appeals for the Ninth CircuitJune 1, 2001No. 99-17453; D.C. No. CV-98-00356-SPKCalifornia700 words

Opinion

Lead Opinion

MEMORANDUM **

Edwin Ogawa appeals from the district court’s order granting the United States Postal Service (“USPS”) summary judgment on his Rehabilitation Act claim. 1 A postal carrier, Ogawa suffered an on-the-job injury and alleges he was fired when *588 he was unable to continue performing his job. The USPS justifies Ogawa’s termination on his excessive absenteeism and his failure to provide necessary medical documentation for those absences.

We review a district court’s order granting summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000). The court’s review is governed by the same standard used by the trial court under Fed.R.Civ.P. 56(c). Adcock v. Chrysler Corp., 166 F.3d 1290, 1292 (9th Cir.), cert. denied, 528 U.S. 816 , 120 S.Ct. 55 , 145 L.Ed.2d 48 (1999). That is, the court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). Summary judgment is not proper if material factual issues exist for trial. Meade…

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