McIntosh

McIntosh v. Maricopa County Community College District

Good Law
456 F. App'x 637
United States Court of Appeals for the Ninth CircuitSeptember 1, 2011No. 09-16224California242 words

Opinion

Lead Opinion

MEMORANDUM **

Dwayne E. McIntosh appeals pro se from the district court’s summary judgment in his action alleging employment discrimination on the basis of race in violation of Title VII and 42 U.S.C. §§ 1981 and 1988. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Noyes v. Kelly Servs., 488 F.3d 1163, 1167 (9th Cir.2007), and we affirm.

The district court properly granted summary judgment because McIntosh failed to raise a genuine dispute of material fact as to whether defendants’ legitimate, nondiscriminatory reason for not hiring him for another position was pretext for discrimination. See id. at 1169-70 (stating that circumstantial evidence of pretext must be specific and substantial).

*638 The district court did not abuse its discretion by granting defendants’ motion for reconsideration of the court’s order denying summary judgment in part, given that defendants showed good cause for seeking reconsideration based on newly discovered evidence. See Ariz. Dist. LRCiv. 7.2(g) (providing that a motion for reconsideration may be based on a showing of new facts and may be filed after the deadline for good cause); Hinton v. Pac. Enters., 5 F.3d 391 , 395 (9th…

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