Buenrostro

Buenrostro v. Potter

Good Law
176 F. App'x 828
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 05-16449California276 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Buenrostro appeals pro se from the district court’s summary judgment dismissing his action alleging discrimination and retaliation against his former employer, the United States Postal Service (“USPS”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Porter v. California Dep’t of Corrections, 419 F.3d 885, 891 (9th Cir.2005), and we affirm.

The district court properly concluded that, even if Buenrostro made out a prima facie case of retaliation, Buenrostro failed to raise a genuine issue of material fact as to whether the USPS’s legitimate, nondiscriminatory reason for terminating Buenrostro—his poor work performance— was pretext for a retaliatory motive. See Manatt v. Bank of America, NA, 339 F.3d 792, 801 (9th Cir.2003) (affirming summary judgment for employer where plaintiff “failed to introduce any direct or specific and substantial circumstantial evidence of pretext”).

Because Buenrostro does not challenge the district court’s dismissal of his age and national origin discrimination claims in his briefs, he has waived these claims on appeal. See Collins v. City of San Diego, 841 F.2d 337, 339 (9th Cir.1988) (claims that are not…

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