Enright

Enright v. Local Lodge 389 International Ass'n of Machinists

Good Law
46 F. App'x 499
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-56915; D.C. No. CV-00-01888-NAJ(LSP)California432 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Enright appeals pro se the district court’s order dismissing his claims against the International Association of Machinists & Aerospace Workers (“IAMAW”), and granting summary judgment on claims against his local union, Local Lodge 389, in his action alleging breach of the duty of fair representation, violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12112 , 12203, and retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir. 1994) (per curiam), and we affirm.

*500 Because Enright failed to allege the IA-MAW participated in any acts that are the subject of this litigation, or that the Local Lodge acted as an agent of the IAMAW, the district court properly dismissed En-right’s claims against the IAMAW. See Laughon v. Int'l Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists & Allied Crafts of the United States and Canada, 248 F.3d 931 , 935 (9th Cir.2001).

The district court properly granted summary judgment on Enright’s claim that Local Lodge 389 breached its duty of fair representation because Enright failed to raise a genuine issue a…

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