Wilborn

Wilborn v. Ashcroft

Good Law
70 F. App'x 469
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-56711; D.C. No. CV-99-02617-IEGCalifornia446 words

Opinion

Lead Opinion

MEMORANDUM **

Harold L. Wilborn appeals pro se the district court’s summary judgment in favor of defendants in his action alleging discriminatory failure to promote based on race and disability under Title VII and the Rehabilitation Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Mabe v. San Bernardino County, *470 237 F.3d 1101, 1106 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Wilborn’s claim he was not promoted to the Supervisory Law Enforcement Communications Assistant position (“GS-9 position”) due to his race, because Wilborn failed to raise a genuine issue of material fact as to whether he was qualified for the position. Chuang v. Univ. of Cal. Davis Bd. of Tr., 225 F.3d 1115, 1123-24 (9th Cir.2000).

The district court properly granted summary judgment on Wilborn’s claim that defendants failed to promote him to Shift Supervisor (“GS-8 position”) due to his race because Wilborn failed to raise a genuine issue of material fact as to the defendants’ non-discriminatory reason for not promoting him. See id. at 1127 (internal citation omitted).

The district court properly granted summary judgment as to…

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