Pickens

MEMORANDUM **

Robert E. Pickens appeals pro se the district court’s summary judgment in favor of defendant in his action alleging discrimination and retaliation in violation of Title VII, the Americans with Disabilities Act (“ADA”), and the Family and Medical Leave Act (“FMLA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing de novo, Leisek v. Brightwood Corp., 278 F.3d 895, 898 (9th Cir.2002), we affirm.

The district court properly granted summary judgment on Pickens’ ADA claim because he failed to present evidence demonstrating that he is a qualified individual with a disability. See Cripe v. City of San Jose, 261 F.3d 877, 884-85 (9th Cir.2001) (explaining that the ADA protects only qualified individuals with a disability).

The district court properly granted summary judgment on Pickens’ FMLA claim because he failed to present evidence demonstrating that any of his FMLA requests for leave or actual leave motivated defendant’s employment decisions. See Bachelder v. Am. West Airlines, Inc., 259 F.3d 1112, 1122-25 (9th Cir.2001).

The district court properly granted summary judgment on Pickens’ race discrimination claim because he failed to present evidence to…