Albert

Albert v. Johnson

Good Law
12 F. App'x 572
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-35555; D.C. No. CV-98-01180-TSZCalifornia407 words

Opinion

Lead Opinion

MEMORANDUM **

Val Albert and Galen Cook appeal pro se the district court’s summary judgments for defendants in their action alleging state law claims and violations of the Labor-Management Reporting Disclosure Act of 1959 (“LMRDA”). Appellants also alleged state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 629-30 (9th Cir.1987), and we affirm.

The district court properly granted appellees’ motion for summary judgment on appellant Cook’s federal claims because he lacked standing. See 29 U.S.C. § 402 (o); Finnegan v. Leu, 456 U.S. 431, 436-38 , 102 S.Ct. 1867 , 72 L.Ed.2d 239 (1982) (indicating that the LMRDA applies only to union members).

Because appellant Albert failed to create a genuine issue of material fact that he was not afforded a full and fair hearing, see Johnson v. Nat’l Ass’n of Letter Carriers Branch 1100, 182 F.3d 1071 , 1073-74 & n. 2 (9th Cir.1999), cert. denied, 528 U.S. 1075 , 120 S.Ct. 788 , 145 L.Ed.2d 665 (2000), and failed to create a genuine issue of material fact that he was expelled for engaging in activity protected by…

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