Debbie Sinyan v. Swedish Hospital Medical Cente
Opinion
Opinion
MEMORANDUM
Debbie Sinyan appeals pro se from the district court’s dismissal of her employment action without prejudice. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.
The district court properly dismissed Sinyan’s Americans with Disabilities Act (“ADA”) claim arising from her termination because Sinyan failed to allege facts sufficient to show that she was terminated because of her alleged disabilities. See Nunes v. Wal-Mart Stores, Inc., 164 F.3d 1243, 1246 (9th Cir.1999) (to state a prima facie case under the ADA, the plaintiff must show that she was terminated because of her disability).
The district court properly dismissed Sinyan’s ADA claim arising from her request to transfer to a “desk position” because Sinyan failed to allege facts sufficient to show that there was a vacant position and that she was qualified for such a position. See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1157-58 (9th Cir.2000)…