Gardner

Gardner v. Mobil Oil Corp.

Good Law
61 F. App'x 355
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 01-55646; D.C. No. CV-00-00364-VAPCalifornia561 words

Opinion

Lead Opinion

MEMORANDUM **

James H. Gardner appeals pro se the district court’s summary judgment for his former, employer in his action alleging race, age, and disability discrimination, re- *356 taxation, breach of the collective bargaining agreement, and state law torts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Hayden v. Reickerd, 957 F.2d 1506, 1508 (9th Cir.1991), and we affirm.

Gardner is an African-American male between the ages of 40-70 who was employed by defendant Mobil Oil Corp from September 13, 1977 until his termination on July 31, 1997. Gardner’s allegations stem from his suspension in October 1995, a Lease Automatic Custody Tanks investigation in 1996, his termination in July 1997, and his claims of discrimination during the course of his employment.

Summary judgment was proper on Gardner’s racial discrimination claim because he failed to produce evidence to support his allegations. See Kennedy v. Allied Mutual Ins. Co., 952 F.2d 262, 266 (9th Cir.1991) (a party cannot create an issue of fact by submitting an affidavit contradicting prior deposition testimony without explanation).

The district court properly granted summary judgment on Gardner’s…

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