Daniels

Daniels v. International Longshoremen's & Warehousemen's & Warenhousemen's Union, Local 10

Good Law
61 F. App'x 415
United States Court of Appeals for the Ninth CircuitApril 15, 2003Nos. 02-16717, 02-16891; D.C. Nos. CV-01-00871-MJJ, CV-01-00872-MJJCalifornia266 words

Opinion

Lead Opinion

MEMORANDUM **

Cleveland J. Daniels, Jr., appeals pro se the district court’s summary judgment in his consolidated actions alleging race and disability discrimination. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1219-20 (9th Cir.1998), and affirm.

Because Daniels failed to present evidence sufficient to show that defendants’ proffered reasons for removing him from the dispatch list were pretextual, the district court properly granted summary judgment on his race discrimination claims. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062-63 (9th Cir.2002) (stating standard for disparate treatment claim).

Because Daniels’s evidence did not show that he was substantially limited in any major life activity, the district court properly granted summary judgment on his disability discrimination claim. See Thompson v. Holy Family Hosp., 121 F.3d 537, 539-40 (9th Cir.1997) (per curiam).

Because Daniels failed to show that allowing additional discovery would have precluded summary judgment, the district court did not abuse its discretion by denying Daniels’s request for additional discovery. See Fed.R.Civ.P.…

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