Effiwatt

Effiwatt v. Southern Arizona Veterans Affairs Health Care System

Good Law
53 F. App'x 807
United States Court of Appeals for the Ninth CircuitDecember 10, 2002No. 02-15246; D.C. No. CV-01-00040-ACMCalifornia404 words

Opinion

Lead Opinion

MEMORANDUM **

Jimmy Effiwatt appeals pro se the district court’s summary judgment for defendants in his employment discrimination action. We have jurisdiction under 28 U.S.C. § 1291 , and, after de novo review, Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 269 (9th Cir.1996), we affirm.

Effiwatt alleged that he was terminated from the temporary internship program at the Southwestern Blind Rehabilitation Center of the Veteran’s Administration Medical Center (“VA”) because of his race, color, and national origin, and in retaliation for filing a complaint with the Equal Employment Opportunity Commission against a former employer. The district court properly granted summary judgment on the discrimination and retaliation claims because Effiwatt failed to rebut the VA’s evidence that he was terminated for failing to complete the necessary course work prior to commencing the internship. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054 , 1065 n. 10 (9th Cir.2002); Bradley, 104 F.3d at 270 .

*808 The district court properly granted summary judgment to the defendants on Effiwatt’s claims of a hostile work environment and denial of future employment because he failed to present…

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